This case has been cited 5 times or more.
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2009-02-23 |
CARPIO, J. |
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| As a rule, conspiracy must be established with the same quantum of proof as the crime itself and must be shown as clearly as the commission of the crime.[31] In the present case, the prosecution failed to discharge its burden of establishing conspiracy between Luz and Larry based on proof beyond reasonable doubt. There was no proof, unlike in People v. Isleta,[32] that Larry had knowledge that Luz, the issuer of the checks, had no funds in the bank. The following facts were not disputed: (1) it was Luz, not Larry, who usually purchased jewelries from Daisy; (2) it was Luz, not Larry, who issued and directly negotiated the checks as payment for the jewelries; and (3) the checks were all drawn against Luz's personal bank accounts.[33] The previous transaction between Larry and Daisy involving a purchase order with Geegee Shopping Center was absolutely separate and different from the transactions between Luz and Daisy, which mainly involved the sale of jewelries. Besides, whether Larry had previously transacted with Daisy does not convincingly prove conspiracy between Luz and Larry in defrauding Daisy. Likewise, the fact that Daisy knew Larry longer than Luz does not prove Larry's guilt for the crime charged. | |||||
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2008-09-11 |
CHICO-NAZARIO, J. |
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| Fraud, in its general sense, is deemed to comprise anything calculated to deceive, including all acts, omissions and concealment involving a breach of legal or equitable duty, trust or confidence justly reposed, resulting in damage to another; or by which another is unduly and unconscientiously taken advantage of another. It is a generic term embracing all multifarious means which human ingenuity can device, and which are resorted to by one individual to secure an advantage over another by false suggestions or by suppression of truth; and includes all forms of surprise, trick, cunning, dissembling and any other unfair way by which another is cheated. Deceit is a species of fraud.[51] And deceit is the false representation of a matter of fact, whether by words or conduct, by false or misleading allegations; or by concealment of that which should have been disclosed, which deceives or is intended to deceive another so that he shall act upon it, to his legal injury. The false pretense or fraudulent act must be committed prior to or simultaneously with the commission of the fraud, it being essential that such false statement or representation constitutes the very cause or the only motive which induces the offended party to part with his money.[52] In the absence of such requisite, any subsequent act of the accused, however fraudulent and suspicious it might appear, cannot serve as basis for prosecution for estafa under the said provision.[53] | |||||
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2007-09-21 |
CHICO-NAZARIO, J. |
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| Fraud, in its general sense, is deemed to comprise anything calculated to deceive, including all acts, omissions and concealment involving a breach of legal or equitable duty, trust or confidence justly reposed, resulting in damage to another, or by which an undue and unconscientious advantage is taken of another. It is a generic term embracing all multifarious means which human ingenuity can device, and which are resorted to by one individual to secure an advantage over another by false suggestions or by suppression of truth; and includes all forms of surprise, trick, cunning, dissembling and any other unfair way by which another is cheated. Deceit is a species of fraud.[15] And deceit is the false representation of a matter of fact whether by words or conduct, by false or misleading allegations, or by concealment of that which should have been disclosed which deceives or is intended to deceive another so that he shall act upon it, to his legal injury. The false pretense or fraudulent act must be committed prior to or simultaneously with the commission of the fraud,[16] it being essential that such false statement or representation constitutes the very cause or the only motive which induces the offended party to part with his money. In the absence of such requisite, any subsequent act of the accused, however fraudulent and suspicious it might appear, cannot serve as basis for prosecution for estafa under the said provision.[17] | |||||
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2006-09-27 |
YNARES-SANTIAGO, J. |
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| Tested against the foregoing requisites, it is clear that Bañez and Cantillas were guilty of serious misconduct. They had defrauded the University. Both accepted fees from students in violation of the University rule requiring payment of such fees only to the cashiers at the accounting office. Labor Arbiter Garduque and the Court of Appeals correctly found Bañez and Cantillas to have conspired in the illegal scheme for which they were rightfully dismissed by the University. Direct evidence of such conspiracy is not necessary as the same could be deduced from their acts before, during, and after the commission of their fraudulent scheme.[38] | |||||
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2006-01-20 |
CARPIO, J. |
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| The Court finds no reason to deviate from the factual findings of the trial court and the Court of Appeals. It is a settled rule that factual findings of the trial courts, including their assessment of the witnesses' credibility, are entitled to great weight and respect by this Court, particularly when the Court of Appeals affirm the findings.[12] Trial courts are in the best position to assess the witnesses' credibility and to appreciate their truthfulness, honesty and candor.[13] | |||||