This case has been cited 2 times or more.
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2008-08-13 |
CORONA, J. |
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| At the outset, we see no reason to disturb the factual finding of the RTC, as upheld by the CA, that petitioner was in possession of an unlicensed firearm with live ammunition during the election period in 1998. This is entitled to great weight and respect, and will not be disturbed on review by us, in the absence of any clear showing that the lower courts overlooked certain facts and circumstances which would substantially affect the disposition of the case.[4] | |||||
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2008-03-14 |
NACHURA, J. |
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| Also known as "swindling," estafa is committed by any person who shall defraud another by any of the means mentioned in the Revised Penal Code (RPC).[18] Petitioner was tried and convicted for violation of Article 315(1)(b) which states that, among others, fraud may be committed with unfaithfulness or abuse of confidence in the following manner:(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property.[19] Specifically, the elements of estafa through misappropriation or conversion are: 1) that the money, goods or other personal property is received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to deliver or return the same; 2) that there be misappropriation or conversion of such money or property by the offender or denial on his part of such receipt; 3) that such misappropriation or conversion or denial is to the prejudice of another; and 4) that there is a demand made by the offended party on the offender.[20] | |||||