This case has been cited 1 times or more.
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2007-04-27 |
CARPIO MORALES, J. |
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| x x x x[23] (Emphasis and underscoring supplied) Given the admitted previous 4-year period of "rediscounting" transactions between Rosita and petitioner Tan, if he indeed assured her that the checks in question would be sufficiently funded on maturity, the same was unnecessary to convince her to change them with cash, not unlike in People v. Ong[24] where this Court acquitted the accused for estafa, "the Bank [therein having,] on its own, accorded [the accused] a [D]rawn [A]gainst [U]ncollected [D]eposit (DAUD) privilege without the need of any pretensions on his part."[25] In other words, any such assurance was not the efficient cause which induced Rosita to change the checks with cash. It is in this light that this Court credits the disclaimer of petitioner Sy of having gone with petitioner Tan to Rosita's house to negotiate the checks and assure her that they would be sufficiently funded on maturity. | |||||