GR 93849; (December, 1991) (Digest)
G.R. No. 93849 December 20, 1991
The People of the Philippines, plaintiff-appellee, vs. Dick Ong y Chan, Lino Morfe y Gutierrez, Ricardo Villaran and Lucila Talabis, accused, Dick Ong y Chan, accused-appellant.
FACTS
Accused-appellant Dick Ong was charged with estafa under Article 315(2)(d) of the Revised Penal Code. The information alleged that between December 1978 and January 1979, Ong, conspiring with bank officers of Home Savings Bank, defrauded the bank by depositing several checks totaling P575,504.00. He falsely represented these checks were good and covered by sufficient funds, thereby inducing the bank to accept them and allow immediate withdrawals against these uncleared deposits. The bank suffered damage when the checks were subsequently dishonored. After trial, the Regional Trial Court convicted Ong as a principal and sentenced him to reclusion perpetua, while acquitting his co-accused bank officers Lucila Talabis and Ricardo Villaran due to insufficient evidence of conspiracy.
ISSUE
Whether the accused-appellant Dick Ong is guilty beyond reasonable doubt of the crime of estafa through deceit under Article 315(2)(d) of the Revised Penal Code.
RULING
The Supreme Court ACQUITTED accused-appellant Dick Ong. The legal logic centered on the element of deceit and the lack of proven conspiracy. For estafa under Article 315(2)(d) to stand, the false pretense or fraudulent act must be the efficient cause of the defraudation, inducing the offended party to part with property. The Court found that the bank, through its officers, was not deceived by Ong. The evidence showed the bank had a standing internal policy prohibiting withdrawals against uncollected deposits, but its officers knowingly and repeatedly relaxed this rule for Ong because he was considered a valued client. The bank’s voluntary assumption of risk, with full knowledge of the lack of clearance, negated the causal element of deceit. Furthermore, the acquittal of the bank officer co-accused, who were the very individuals alleged to have conspired with Ong, logically removed the foundation for a conspiracy theory against him. His liability was deemed merely civil. The Court ordered Ong to pay the bank the amount of P575,504.00, less the remaining balance in his account, with legal interest.