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Ang Tek Lian vs. CA (Nego)
Ang Tek Lian vs. CA (Nego)
FACTS:
This is a case where the lower courts convicted petitioner Ang Tek Lian of estafa for
issuing a rubber check
Ang Tek drew a check upon China Banking Corp a sum of P4000, payable to the
order of CASH
He delivered it to one Hua Hong in exchange for money
Hua Hong delivered the 4k cash
When Hua Hong presented the check to the bank, it was dishonored for insufficiency
of funds
Hua Hong said Ang Tek went to his office asking for 4k in cash since Ang Tek could
not withdraw from his bank account
Hua Hong delivered the amount because the parties used to borrow money from
each other + Ang Tek owns a hotel and restaurant + he was assured by Ang Tek that
Ang tek had sufficient funds to meet the 4k
Ang Tek claims that he cannot be held liable for estafa since the check was made
payable to cash and it had not been endorsed by him
He further asserted that it was a basic bank practice that before offended party
accepts a check, the accused (in this case Ang Tek) cannot be said to have acted
fraudulently since the offended party was fully aware of the risks he was running
thereby
ISSUE:
Was Ang Tek properly held guilty for the crime of estafa?
RULING: