DISPOSITIVE:

WHEREFORE, the Petition for Review on Certiorari dated
September 18, 2014 filed by petitioner Lucia Manuel y Cadiz is
GRANTED. The Decision dated February 21, 2014 and the Resolution
dated July 23, 2014 of the Court of Appeals in CA-G.R. CR-HC No. 05737
convicting petitioner are hereby REVERSED and SET ASIDE. Petitioner
is ACQUITTED of the crime of Estafa defined and penalized under Article
315, paragraph 2( d) of the Revised Penal Code on the ground of reasonable
doubt.


SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

IN THIS CASE THERE WAS NO PROOF OF THE TRANSACTION FOR WHICH THE CHECKS WERE ISSUED. THUS, THERE COULD BE NO DECEIPT OR DAMAGE, THUS NO ESTAFA. ALSO, NO CIVIL LIABILITY.

In the instant case, We find that the prosecution failed to prove the
elements of deceit and damage.


As admitted by Uy, she had no existing transactions with petitioner,
and there was no contracted obligation for which the subject PNB checks
would be applied as payment. According to the prosecution the subject PNB
checks were issued as payment for the live chickens ordered by petitioner
from Ebot’s farm. The prosecution’s witness, Artates, an employee of Ebot’s
farm, testified that the farm was owned by Uy. This however, was evidently
refuted when Uy herself admitted that she is not familiar with Ebot’s farm.
The conflicting testimony of the prosecution witness and the statements
made by Uy herself renders the existence of the underlying transaction
highly dubious and suspect.


Accordingly, in the absence of proof beyond reasonable doubt that an
obligation was contracted for which the PNB checks were issued, the
elements of deceit and damage could not be established.

…………………………………………

However, the civil action based on delict may be deemed extinguished
if there is a finding on the final judgment in the criminal action that the act
or omission from which the civil liability may arise did not exist or where
the accused did not commit the acts or omission imputed to him.65
In the present case, private complainant Uy herself testified during the
clarificatory hearing on her affidavit of desistance that she had no existing
transactions with petitioner. Thus, from the very admission of private
complainant Uy, the alleged obligation contracted for which the PNB checks
were issued did not exist. Accordingly, petitioner’s civil liability ex delicto is
deemed extinguished.

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