GR 41873; (March, 1935) (Digest)
G.R. No. 41873 ; March 28, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. BUENAVENTURA ISLETA, and JOSE TOPACIO NUENO, defendants. JOSE TOPACIO NUENO, appellant.
FACTS
Appellant Jose Topacio Nueno was convicted of estafa. The evidence showed that on May 25, 1933, Buenaventura Isleta, at Nueno’s insistence and despite having no bank funds, issued a check for P260 payable to cash. Nueno received the check. On May 27, 1933, Nueno used this check to purchase goods worth P174 from Quing Chuan, receiving P86 in change. The check was later dishonored for insufficient funds. Nueno claimed he received the check in good faith as payment for Isleta’s debts and legal fees. The trial court found Nueno guilty, concluding he had guilty knowledge that the check was unfunded.
ISSUE
Whether the appellant, Jose Topacio Nueno, is guilty of the crime of estafa.
RULING
Yes, the appellant is guilty of estafa. The Supreme Court affirmed the trial court’s judgment. The Court found that the appellant’s guilty knowledge was clearly demonstrated. Despite knowing Isleta’s unscrupulous character and previous issuance of a bad check, Nueno did not verify the check’s validity, negotiated it to an innocent party when the bank was closed, and failed to make good on the check after dishonor or report Isleta. The intimate attorney-client relationship and lack of documentary proof for the alleged debts further supported the finding of bad faith. The testimony of Isleta, while requiring scrutiny, was not solely relied upon for conviction. The penalty and indemnity imposed by the lower court were upheld.
AI Generated by Armztrong.