This case has been cited 2 times or more.
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2009-03-13 |
CHICO-NAZARIO, J. |
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| Before us is a Petition for Review on Certiorari[1] under Rule 45 of the Rules of Court, which seeks to reverse and set aside the Decision[2] dated 8 March 2007 and the Resolution[3] dated 3 September 2007 of the Court of Appeals in CA-G.R. CV No. 66873. The assailed Decision of the appellate court reversed and set aside the Decision[4] dated 29 February 2000 of the Regional Trial Court (RTC) of Negros Oriental, Branch 35, in Civil Case No. 6111, dismissing the complaint of respondents Justina Litania-Hong, her husband Leopoldo Hong, and her sister Genoveva Litania; and declaring petitioner spouses Perfecta Cavile and Jose de la Cruz to be the absolute owners of the parcels of land subjects of this case. The assailed Resolution of the appellate court denied petitioner spouses' Motion for Reconsideration of its decision. | |||||
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2009-02-10 |
CARPIO MORALES, J. |
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| To constitute estafa under Article 315, par. 2(d) of the Revised Penal Code, the issuance of a check should be the means to obtain money or property from the payee.[32] In Ilagan v. People,[33] the therein accused was charged with estafa for indorsing postdated checks which were dishonored on maturity. In acquitting the accused, the Court noted that he and the payee had been priorly engaged for four years in rediscounting transactions hence; the Court held that it would have been unnecessary for the accused to assure the payee that the checks would be sufficiently funded on maturity to convince her to change them with cash.[34] | |||||