Estafa post dating check
Thus: The elements of Estafa by means of deceit, whether committed by false pretenses or concealment, are the following – (a) that there must be a false pretense, fraudulent act or fraudulent means.
(b) That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneous with the commission of the fraud.
Ganon din sa amount in number, puedeng 29,000 yong 9,000 lang.
Dapat konting-konti ang space between the Peso sign and the amount.
PSI was an innocent victim of deceit, machinations and chicanery committed by petitioners which resulted in its pecuniary damage and, thus, confirming the lower courts’ finding that petitioners are guilty of the complex crime of Estafa through Falsification of Commercial Documents. Article 315 of the Revised Penal Code on deceit/swindling (estafa) provides any person who shall defraud another by any of the means mentioned therein shall be punished by the penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years; provided that the fraud be committed by any of the following means: (b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property.
By post-dating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of check. Article 316 (other forms of swindling) of the Revised Penal Code provides that the penalty of arresto mayor in its minimum and medium periods and a fine of not less than the value of the damage caused and not more than three times such value, shall be imposed upon “any person who, to the prejudice of another, shall execute any fictitious contract.”10.2.
it is indispensable that the element of deceit, consisting in the false statement or fraudulent representation of the accused, be made prior to, or at least simultaneously with, the delivery of the thing by the complainant.
The false pretense or fraudulent act must be committed prior to or simultaneously with the commission of the fraud, it being essential that such false statement or representation constitutes the very cause or the only motive which induces the offended party to part with his money.
This means this check CAN NOT BE ENCASHED over the counter.In the absence of such requisite, any subsequent act of the accused, however fraudulent and suspicious it might appear, cannot serve as basis for prosecution for estafa under the said provision.In the case at bar, the records would show that PSI was given assurance by petitioners that they will pay the unpaid balance of their purchases from PSI when the CCTDs with petitioners’ banks, the Rural Bank of Banate, Inc. (RBLI), and issued under the name of PSI, would be presented for payment to RBBI and RBLI which, in turn, will pay the amount of deposit stated thereon.Some banks also offer options, such as automatic transfer arrangement or electronic funding.Before am the next day, banks are required by BSP to return unfunded checks. Penalties for unfunded checks and returned checks are costly. Iba-iba rin ang penalty policies — puedeng merong penalty imposed by the drawee bank and another by the payee bank.