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PEOPLE v. PRIMITIVA DIZON

This case has been cited 1 times or more.

2001-01-18
GONZAGA-REYES, J.
The elements of estafa under Article 315, paragraph 2(d) of the Revised Penal Code, as amended, are the following: (1) postdating or issuing checks in payment of an obligation contracted at the time the checks were issued; (2) lack or insufficiency of funds to cover said checks; (3) knowledge on the part of the drawer of checks of such lack or insufficiency of funds; and (4) damage capable of pecuniary estimation to the payee thereof.[16] Underlying all these must be the presence of fraud or deceit.