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Further it is settled that it is criminal fraud or deceit in the issuance of a check which is made punishable under the Revised Penal Code, and not the nonpayment of a debt.

Deceit is the false representation of a matter of fact whether by words or conduct by false or misleading allegations or by concealment of that which should have been disclosed which deceives or is intended to deceive another so that he shall act upon it to his legal injury.

Damage and deceit are essential elements of the offense and must be established with satisfactory proof to warrant conviction, while the false pretense or fraudulent act must be committed prior to, or simultaneous with, the issuance of the bad check.

estafa by postdating a check-43estafa by postdating a check-51

She also alleged that there was no excess money in the first place, and that there were no complaints of short payments or reports of overpayment; and that the reason why she failed to report to work afterwards was because her brother-in-law died and she became ill.

In commercial transactions, checks play a significant factor in the conduct of trade and business.

Apart from ease and convenience of doing business, checks also facilitate a highly effective and efficient system of commerce.

The lower courts held that, applying the provisions of Article 315, paragraph 1(b) of the Revised Penal Code, as amended, particularly, that with the trust given to her, she really defrauded her employer by over-computing the payroll and converting or misappropriating the excess (amount) to her own personal use to the prejudice and damage of the private complainants; that she alone was entrusted with the money for the payroll and had complete access to it; that she had to erase the data in the computer to destroy the evidence against her; that she conveniently disappeared from the scene at the time of the discovery of the anomaly, and; she maintained a lifestyle beyond her financial means.

Petitioner claimed that the lower courts erred in their decisions on the grounds that the evidence presented is not sufficient to convict her beyond reasonable doubt.




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