This case has been cited 4 times or more.
2015-01-14 |
PERLAS-BERNABE, J. |
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The elements of Estafa by means of deceit under this provision are the following: (a) that there must be a false pretense or fraudulent representation as to his power, influence, qualifications, property, credit, agency, business or imaginary transactions; (b) that such false pretense or fraudulent representation was made or executed prior to or simultaneously with the commission of the fraud; (c) that the offended party relied on the false pretense, fraudulent act, or fraudulent means and was induced to part with his money or property; and (d) that, as a result thereof, the offended party suffered damage.[41] | |||||
2014-11-24 |
PERALTA, J. |
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As to the charge of estafa, the act complained of in the instant case is penalized under Article 315, paragraph 2(a) of the RPC, wherein estafa is committed by any person who shall defraud another by false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud. It is committed by using fictitious name, or by pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits. The elements of estafa by means of deceit are the following, viz.: (a) that there must be a false pretense or fraudulent representation as to his power, influence, qualifications, property, credit, agency, business or imaginary transactions; (b) that such false pretense or fraudulent representation was made or executed prior to or simultaneously with the commission of the fraud; (c) that the offended party relied on the false pretense, fraudulent act, or fraudulent means and was induced to part with his money or property; and (d) that, as a result thereof, the offended party suffered damage.[25] | |||||
2014-06-04 |
PERALTA, J. |
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The crime of illegal recruitment is defined and penalized under Sections 6 and 7 of RA 8042, or the Migrant Workers and Overseas Filipinos Act of 1995, to wit:[22] | |||||
2014-06-02 |
LEONARDO-DE CASTRO, J. |
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Furthermore, without any evidence to show that private complainants were propelled by any ill motive to testify falsely against appellant, their testimonies deserve full faith and credit. After all, the doctrinal rule is that findings of fact made by the trial court, which had the opportunity to directly observe the witnesses and to determine the probative value of the other testimonies, are entitled to great weight and respect because the trial court is in a better position to assess the same, an opportunity not equally open to the appellate court. The absence of any showing that the trial court plainly overlooked certain facts of substance and value that, if considered, might affect the result of the case, or that its assessment was arbitrary, impels us to defer to the trial court's determination according credibility to the prosecution evidence.[26] This is more true if the findings of the trial court were affirmed by the appellate court, since it is settled that when the trial court's findings have been affirmed by the appellate court, said findings are generally binding upon this Court.[27] |