Beruflich Dokumente
Kultur Dokumente
Cast:
o
Alexander Dinglasan owns and operates Alexander Transport (Manila-Bicol route) that went
bankrupt during the pendency of case
On July 1994 at Mandaluyong City, Dinglasan issued and delivered 3 BDO post dated checks (Check
No. 029020 - Php38,760 - July 24, 1995; Check No. 029021 - Php26,400 - July 25, 1994; Check No.
029014 Php39,000 July 30, 1994) to Sia for the purchase of tires without disclosing that at the time
Dingalsan has no funds in the bank. Checks were then presented for payment to drawee bank and
were dishonored due to Drawn Against Insufficient Funds. 3 days lapsed from receipt of notice of
dishonor but Dinglasan refused to make full payment of Php104,160. Sia, with the help of a lawyer, sent
a demand letter but all he got were promises.
Dinglasan did not deny issuance of checks but denied intent to deceive/defraud. He refused to pay due
to the poor quality of tires that would burst even when the buses were not moving causing disruptions in
operations which ultimately led to the bankruptcy of his company.
Issue
WN/ the
appellants guilt
has been proven
with moral
certainty.
Hel
d
NO
Ratio
It is only with respect to Check No. 029021, postdated September 25, 1994,
which was issued in payment of the purchase made on July 25, 1994 that the
Ye
s
Decision: RTC judgment MODIFIED. Guilty of 1 count of Estafa. 6 years and 1 day of prision mayor as min
and 20 years of reclusion temporal as max.
Notes: Accused were initially indicted for robbery with multiple rape under Art 294 par 1. There was no
sufficient evidence that the accused were the ones who divested the victim of her money and valuables. She
did not know which of them took her gold ring, bracelet and cash. Proof of conspiracy is also absent
convicted of one count of rape each.