PLAI

Decision

Chua v. People Of The Philippines

G.R. No. 150926 · 2006-03-06 · CORONA, J. · LawPhil

ANITA CHUA, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.1

CORONA, J.:

This petition seeks to set aside the decision2 of the Court of Appeals (CA) dated November 22, 1999, affirming the decision of the trial court in People v. Anita Chua, docketed as CA-G.R. Nos. CR-14519 and CR-14520, finding petitioner guilty of violation of Article 315 (2)(d) of the Revised Penal Code (RPC). The decretal portion of the CA decision read: WHEREFORE, the appealed joint decision of conviction is AFFIRMED, with the modification that appellant ANITA CHUA is, for each of the two felonies of estafa, sentenced to suffer an indeterminate penalty of TWO (2) YEARS, ELEVEN (11) MONTHS and TEN (10) DAYS of prision correccional, minimum term, to SIX (6) YEARS, EIGHT (8) MONTHS and TWENTY (20) DAYS of prision mayor, as maximum. All other aspects of the appealed decision stay.

No cost. SO ORDERED. The facts, as found by the trial court and upheld by the Court of Appeals, are as follows: Private complainant Araceli Estigoy was engaged in (the) buy and sell of imported goods from 1982 to 1984 when she met appellant (Anita Chua) who transacted twice with her.

On November 25, 1982, appellant issued to complainant in payment of imported (PX) items the following postdated checks drawn against Pacific Bank, Tarlac branch: Check No. Date Amount Exhibit 41186 March 10, 1983 ~~P~~ 6,500.00 "A" 41187 March 14, 1983 ~~P~~ 5,500.00 "B" 41188 March 18, 1983 ~~P~~ 6,200.00 "C"

41189 March 22, 1983 ~~P~~ 4,800.00 "D" 41190 March 27, 1983 ~~P~~ 5,973.93 "E" Total