People Of The Philippines v. Villanueva

BERSAMIN, J.:

Under review is the decision promulgated on May 25, 2004,1 whereby the Court of Appeals (CA) affirmed with modification the judgment rendered on January 24, 2002 by the Regional Trial Court (RTC), Branch 60, in Makati City convicting Julie Grace K. Villanueva of estafa as defined and penalized under Article 315, paragraph 2 (d) of the Revised Penal Code.2 The decretal portion of the assailed decision reads: WHEREFORE, the decision appealed from convicting accused-appellant Julie Grace K. Villanueva of estafa under Article 315, paragraph 2(d) of the Revised Penal Code is AFFIRMED, with MODIFICATION as to the penalty imposed as hereinabove indicated. The Resolution of January 15, 2004 granting her bail pending appeal is REVOKED and her profferred bail bond is REJECTED. Pursuant to Section 13, second paragraph, Rule 124 of the 2000 Revised Rules of Criminal Procedure, the case, inclusive of the entire record thereof, is CERTIFIED and ELEVATED to the Supreme Court for review.

Costs against the accused-appellant. SO ORDERED.3 Antecedents Villanueva stands charged with estafa as defined and penalized under Article 315, paragraph 2 (d), of the Revised Penal Code under the information that reads: That on or about the 16th day of August 1994, in the City of Makati, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously by means of deceit, false pretenses and fraudulent acts executed prior to or simultaneously with the commission of the fraud, following PNB checks, [to] wit: Check No. Date Amount 031526 9-02-94 ₱185,000.00 031527 9-17-94 185,000.00 031528 10-02-94 185,000.00 031529 10-17-94 185,000.00 031532 9-16-94 85,000.00 031533 10-16-94 85,000.00 031534 11-16-94 85,000.00 as payment for various jewelries (sic) purchased to (sic) the said complainant, the accused well knowing that at the time of issue thereof, the said checks have no sufficient funds in or credit with the drawee bank to cover the amount of the said checks, neither will said checks be honored or paid upon presentment, the bank dishonored and returned the said checks for the reason "account closed"

or "stopped payment" or should have been dishonored for insufficiency of funds had not the said accused, without any valid reason, ordered her drawee bank to stop payment and despite repeated demands accused failed and refused to deposit the amount necessary to cover the aforesaid check or to pay the value thereof, to the damage and prejudice of the said complainant in the aforesaid amounts. CONTRARY TO LAW.4 Version of the Prosecution In August 1994, Loreto Madarang met Villanueva through a townmate.

The latter was interested in buying jewelry. Being then engaged in the business of selling jewelry, Madarang went to Villanueva's residence at the Galeria de Magallanes, and was able to sell to Villanueva five sets of jewelry worth ₱1,010, 000. 00.5 Villanueva made out nine checks drawn against Philippine National Bank (PNB), eight of which were postdated.

Villanueva signed a receipt reading as follows:6 August 16, 1994 Received from MRS. LORETO A. MADARANG the following jewelries (sic) with the corresponding amount 1 set diamond - ₱70,000 1 set South Sea Black w/ necklace & bracelet - 220,000 1 set heart shape diamond w/ pendant (4.56 cts) - 450,000 1 set marquee xxx dia. 2 cts.

- 220,000 1 bracelet diamond - 50,000