ALABASTRO, Allied Bank, Toril Branch[,] Davao City Check No. The account ledger card contained the transaction records of Allied Bank NOW (Negotiable Order of Withdrawal) Account No.066815 - A dated March 31, 1998 in the amount of 280,000.00 in payment of an obligation, which the accused was able to obtain by reason of and simultaneously with the issuance of the said check, that when said check was presented to the drawee bank for encashment, the same was dishonored for the reason "ACCOUNT CLOSED" and after having been notified by such dishonor said accused failed and refused to redeem said check despite repeated demands, to the damage and prejudice of the complainant in the aforesaid amount. 1333-00033-8 under the name Aloma Reyes and Trichia Mae Reyes He explained that a NOW Account is a savings account where the drawer may issue checks payable only to a specific payee.(L-42902), husband of respondent Cecilia Que Yabut, stood charged in criminal case 1405-M before the Court of First Instance of Bulacan, presided over by Judge Edgardo L. CB-192042 B, CB-192043 B, 423123, CB-191988 B, 423124, CB-192044 B, CB-192045 B, CB-193737 B, CB-193738 B, CB-193739 B, CB-199953 B, CB-199954 B, CB-199955 B, and CB-199956 B, dated February 23, 26, 27, March 1, 3, 10, 11, 12, April 4, 7, 8 and 9, 1975 in the total sum of P37,206.00,drawn against the Merchants Banking Corporation and Manufacturers Bank and Trust Company, payable to the Free Tires Supply and Free Caltex Station, owned and operated by Alicia P.Andan, in payment articles and merchandise delivered to and received by said accused, gave and delivered the said checks to said Freeway Tires Supply and Freeway Caltex Station, the said accused Geminiano Yabut, Jr.Petitioner, on the other hand, pleaded not guilty of the crime charged.She contested that the amount she has always received was the exact amount for the salary of the employees every 15th and 30th of the month, which she computed beforehand and submitted to the treasurer thereafter.(b) That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneous with the commission of the fraud.
It was the duty of the accused to compute the payroll based on the time card, request the treasurer for the issuance and encashment of the corresponding checks, placed the money on the pay slip and afterwards distribute the same to the employees.
The false pretense or fraudulent act must be committed prior to or simultaneously with the commission of the fraud, it being essential that such false statement or representation constitutes the very cause or the only motive which induces the offended party to part with his money.
In the absence of such requisite, any subsequent act of the accused, however fraudulent and suspicious it might appear, cannot serve as basis for prosecution for estafa under the said provision.
The complainant submits that the resolution erred in not indicting x x x at the very least for the felony of regular or ordinary ESTAFA under Art. Penal Code (assuming, arguendo, that PD 1689, re: Syndicated Estafa does not apply in the instant case). 22 may forthwith proceed with dispatch in the said Court). The complainant does not have the duty to submit proofs of the nonexistence of the alleged x x x PROJECT.
Thus: The elements of Estafa by means of deceit, whether committed by false pretenses or concealment, are the following – (a) that there must be a false pretense, fraudulent act or fraudulent means.
Private respondent Cecilia Que Yabut in L-42847 was accused of estafa by means of false pretenses before the Court of First Instance of Bulacan, presided over by respondent Judge Jesus de Vega.