Co v. People


Co v. People

G.R. No. 233015

October 16, 2019


                The RTC and CA convicted the accused for the crime of Estafa under Art. 315 2(a) of the RPC. The accused defraud Jade Progressive Savings and Mortgage Bank, a banking institution under PH laws. The accused taking advantage of their position, be means of false pretenses or fraudulent acts of the fraud to the effect that there exists a contract between the said bank and Acme Investigation Services, Inc. a non-existent security agency, that the said security services of which were rendered in favor of the said bank, did in fact with the intent to defraud, authorize the release of P3,032,090 and collect the same from the bank’s funds for the purpose of paying the said security agency, said accused knowing fully well that no such security agency existed, no such contract exists between the said bank and the said agency, and no such security services were rendered in favor of the said bank and therefore no payment in the said amount of P3M having been made to the agency that such acts/pretenses were only made by the accused for the purpose of obtaining as in fact, they did obtain the said amount from the funds of the bank for their own personal use and benefit, thereby defrauding the said bank and its depositors and creditors to the damage and prejudice of the said Bank, its depositors and creditors, and the BSP in the said amount.


                Whether or not the CA erred in affirming the RTC


                Yes. The crime charged was falsification of a private document, not estafa. To properly charge an accused with estafa under Art. 315 2(a), the information should aver the following elements: 1.) that the accused used a fictitious name or false pretense that he possesses power, influence, qualifications, property, credit, agency, business, imaginary transaction, or other similar deceits; 2.) that the accused used such deceitful means prior to or simultaneous with the execution of the fraud 3.) that the offended party relied on such deceitful means to part with his money or property and 4.) that the offended party suffered damage.


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