ABETO v.

PEOPLE
Facts:
Abeto made a publication/advertisement that a shipment of sugar
was about to arrive from the United States and he was offering it for sale to
the first person who will make a reservation. Cometa, the private
complainant in this case, went to Abetos office to inquire about the sugar
and verify if the same was to arrive. Abeto confirmed the arrival of the
shipment and both parties agreed to the terms of the reservation.
Unfortunately, the shipment failed to arrive. Cometa demanded payment
but Abeto was unable to pay. He was then charged with Estafa through
false pretenses.
Ruling:
There is no finding by the Court of Appeals that the appellant made
misrepresentations as to the existence of his business of importing refined
sugar from the United States; nor is there a finding that the appellant's
failure to import or bring the sugar he reserved for Cometa was due to an
illicit act or omission of the appellant. In the absence for these findings, the
presumption is that no misrepresentation was made and that the failure to
import the sugar was due to a lawful cause.