People Of The Philippines v. Dimalanta

YNARES-SANTIAGO, J.:

This is an appeal from the decision of the Regional Trial Court of Caloocan City, Branch 121, in Criminal Case No. C-58083 (99), which disposed of the case thus: WHEREFORE, premises considered, this Court finds accused JOSEFINA M. DIMALANTA GUILTY beyond reasonable doubt of the crime of ESTAFA and sentences her to suffer the penalty of imprisonment of 30 years of RECLUSION PERPETUA and to pay the private complainant Elvira D. Abarca the sum of P383,826.00. With costs. SO ORDERED.1 On November 10, 1999, appellant was charged with Estafa under Article 315, paragraph 2 (d) of the Revised Penal Code, as amended by Presidential Decree No. 818, in an Information which reads: That sometime during the month of October, 1998 in Caloocan City, MM.

and within the jurisdiction of this Honorable Court, the above-named accused, after misrepresentation that she has more than enough fund, defrauded and deceived one, ELVIRA D. ABARCA in the following manner, to wit: said accused purchased and received assorted jewelries from herein complainant in the total amount of P408,826.00 and in payment thereof, accused simultaneously issued the following Panasaid [should read: Panasia] Banking, Inc. checks, to wit: Check No. Date Amount 0002598 Nov. 30, 1998 P 37,166.00 0020952 Dec. 15, 1998 37,166.00 0020953 Dec.

31, 1998 37,166.00 0020954 Jan. 15, 1999 37,166.00 0020956 Jan. 31, 1999 37,166.00 0020957 Feb.

15, 1999 37,166.00 0020958 Feb. 28, 1999 37,166.00 0020959 Mar. 15, 1999 37,166.00 0020960 Mar.

31, 1999 37,166.00 0020961 Apr. 15, 1999 37,166.00 0020962 Apr. 30, 1999 37,166.00