This case has been cited 2 times or more.
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2015-12-02 |
PERLAS-BERNABE, J. |
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| At the outset, it is noteworthy to mention that the extinction of the penal action does not carry with it the extinction of the civil liability where the acquittal is based on reasonable doubt as only preponderance of evidence, or "greater weight of the credible evidence," is required.[21] Thus, an accused acquitted of estafa may still be held civilly liable where the facts established by the evidence so warrant,[22] as in this case. | |||||
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2010-03-29 |
PEREZ, J. |
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| The essence of Estafa under Article 315, paragraph 1(b) is the appropriation or conversion of money or property received to the prejudice of the owner. The words "convert" and "misappropriate" connote an act of using or disposing of another's property as if it were one's own, or of devoting it to a purpose or use different from that agreed upon. To misappropriate for one's own use includes not only conversion to one's personal advantage, but also every attempt to dispose of the property of another without right.[40] | |||||