Naya v. Abraham

SR., J.:

Before us is a Petition for Review on Certiorari under Rule 45 of the 1997 Rules of Civil Procedure, as amended, of the decision rendered by the Court of Appeals1 affirming the decision2 of the Regional Trial Court of Cebu City, Branch 15 convicting Orlando P. Naya of estafa under Article 316, paragraph 2 of the Revised Penal Code. The Antecedents Orlando P. Naya was the owner in fee simple of a parcel of residential land located in Talisay, Cebu province identified as Lot 2049-B of the Tal-Ming Estate, with an area of 485 square meters covered by Transfer Certificate of Title No. 65042 issued by the Register of Deeds.3 On December 14, 1987, Orlando, as seller, and Abraham and Guillerma Abing, as buyers, entered into a Contract to Sell,4 two parcels of land with an area of 400 square meters for the total price of Sixty Thousand Pesos (P60,000.00). Under the terms of the Contract to Sell, Orlando, as seller, agreed that - (1) After the spouses Abing have paid the amount of TWENTY THOUSAND PESOS (P20,000.00), the balance of FORTY THOUSAND PESOS (P40,000.00) payable in monthly installments of ONE THOUSAND FIFTEEN AND 74/100 PESOS (P1,015.74), for five (5) years to start on June 30, 1988 and for every 30th of the month thereafter.

(2) He shall be at liberty to sell the lots to other persons if the buyers, spouses Abing fail to make payment of any of the installments within sixty (60) days from its due date; He also bound himself to execute a first deed of sale over the said property and deliver title to the vendees over said property free from encumbrance and liens upon full payment of the purchase price of the property. (3) Upon full payment of purchase price, he shall deliver to the buyer, spouses Abing, a final Deed of Sale and Certificate of Title in their names free of encumbrance. Guillerma Abing remitted to Orlando the amount of P20,000.00 as downpayment and the amount of P2,000.00 a month, even in excess of the monthly amount of P1,015.74 agreed upon in the Contract to Sell.

The following monthly installment payments were received by Orlando Naya and his agent Loreta Bacaltos: Exhibit Number Date Amount Exhibit "B" dated June 25, 1988 P 2,000.00 Exhibit "B-2" dated July 30, 1988 2,000.00 Exhibit "B-3"

dated Sept. 3, 1988 2,000.00 Exhibit "B-4" dated Oct.

1, 1988 2,000.00 Exhibit "B-5" dated Nov. 5, 1988 2,000.00 Exhibit "B-6"

dated Dec. 3, 1988 2,000.00 Exhibit "B-7" dated Jan.

7, 1989 2,000.00 Unknown to Guillerma Abing, Orlando Naya executed on January 13, 1989 a Deed of Absolute Sale over Lot 2049-B and his other lots in favor of William Po for the price of P200,000.00, receipt of which Orlando Naya acknowledged.5 Orlando represented in said deed that he was the lawful owner of the properties, free from all taxes and encumbrances and that the properties were untenanted. Said deed was registered with the Register of Deeds on December 5, 1989 and on said date, Transfer Certificate of Title No. 67775 was issued by the Register of Deeds in favor and under the name of William Po, as vendee. However, Orlando never told the Spouses of said sale to William Po.

Nevertheless, Guillerma Abing continued remitting to Orlando amounts in partial payments of the purchase price of the lots for which he issued receipts: Exhibit "B-8" dated Jan. 23, 1989 5,000.00 Exhibit "B-9"

dated April 3, 1989 4,000.00 Exhibit "B-10" dated June 3, 1989 2,000.00 Exhibit "B-11" dated June 23, 1989 2,000.00 Exhibit "B-12"

dated Sept. 1, 1989 4,000.00 Exhibit "B-13" dated Dec.

24, 1989 3,000.00