This case has been cited 1 times or more.
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2012-09-13 |
VILLARAMA, JR., J. |
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| Unlike in illegal recruitment where profit is immaterial, a conviction for estafa requires a clear showing that the offended party parted with his money or property upon the offender's false pretenses, and suffered damage thereby. In every criminal prosecution, the State must prove beyond reasonable doubt all the elements of the crime charged and the complicity or participation of the accused.[32] It is imperative, therefore, that damage as an element of estafa under Article 315, paragraph 2(a) be proved as conclusively as the offense itself. The failure of the prosecution to discharge this burden concerning the estafa allegedly committed against Ursulum warrants the acquittal of appellant on the said charge. | |||||