Beruflich Dokumente
Kultur Dokumente
That Recuerdo's action of postdating a check in payment of the pieces of jewelry when she
knew that she had insufficient funds in the bank or his funds deposited is a false pretense or a
fraudulent act
Specific Intent is a deliberate and actual purpose to commit some particular thing. Generally, a
specific intent is not presumed. Its existence, as a matter of fact, must be proved by the State
just as any other essential element. This may be shown, however, by the nature of the act, the
circumstances under which it was committed, the means employed and the motive of the
accused.
That since at the time the checks were dishonored and Floro had demanded her to pay the
amount of the checks but she had refused to pay and had only made empty promises to pay
Floro the entire amount. In fact the Bum checks was what induced Floro to part with her
jewelry as such Recuerdo is liable for Estafa.3
Note:
In Estafa the Specific Intent is to Defraud
While General intent is Dolo or Malice
That in the Case at hand by Recuerdo's act of Drawing Multiple Checks knowing fully well
that her funds in the respective drawee banks were insufficient to cover the checks and had not
proven good faith(which is a defense against malice) since she did not earnestly try to pay the
full amount to Floro but had only promised to do so as an afterthough after her appeal with the
CA was denied.
2That