People Of The Philippines v. Abenis

MELENCIO-HERRERA, J.:

This case was certified to this Tribunal by the Court of Appeals1 for final determination pursuant to Section 12, paragraph 2, Rule 124 of the Rules of Court, the imposable penalty being reclusion perpetua. Leonora Dy y Abenis herein appellant, was charged on June 30, 1977 with the crime of Estafa under Article 315, parag. 2(d) of the Revised Penal Code, committed by means of bouncing checks, before the Court of First Instance of Rizal, in Criminal Case No. Q-8078, under the following Information: That on or about the 19th day of May 1977, in Quezon City, Philippines, the above-named accused, with intent of gain by means of deceit and false pretenses, executed prior to or simultaneously with the commission of the fraud, did, then and there, wilfully, unlawfully and feloniously defraud one PURITA COMANDANTE, in the following manner, as follows: the said accused executed and issued in favor of PURITA COMANDANTE, the following postdated checks, to wit: 1.

Phil. Banking Corp. Check #2753 dtd. 5/23/77 P10,000.00 2. Phil. Banking Corp. Check #2754 dtd.

5/30/77 P10,000.00 3. Phil Banking Corp. Check #2756 dtd. 6/10/77 P10,000.00 4.

Phil Banking Corp. Check #2756 dtd. 6/15/77 P 5,000.00 5. Phil Banking Corp. Check #2758 dtd 5/21/77 P10,000.00 6.

Phil Banking Corp. Check #2759 dtd 5/23/77 P10,000.00