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    People vs. Fortuno (73 Phil 407)

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    The defendant issued a check to pay his rent that was later dishonored due to insufficient funds. He was found guilty of estafa by the lower court. However, the Supreme Court ruled that he was not guilty of estafa under the law because there was no evidence that he knew at the time of issuing the check that there were insufficient funds, as required to constitute the crime of estafa for issuing a bounced check. Issuing a check without having sufficient funds to cover a pre-existing debt does not alone constitute estafa.

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    People vs. Fortuno (73 Phil 407)

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    The defendant issued a check to pay his rent that was later dishonored due to insufficient funds. He was found guilty of estafa by the lower court. However, the Supreme Court ruled that he was not guilty of estafa under the law because there was no evidence that he knew at the time of issuing the check that there were insufficient funds, as required to constitute the crime of estafa for issuing a bounced check. Issuing a check without having sufficient funds to cover a pre-existing debt does not alone constitute estafa.

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    The defendant issued a check to pay his rent that was later dishonored due to insufficient funds. He was found guilty of estafa by the lower court. However, the Supreme Court ruled that he was not guilty of estafa under the law because there was no evidence that he knew at the time of issuing the check that there were insufficient funds, as required to constitute the crime of estafa for issuing a bounced check. Issuing a check without having sufficient funds to cover a pre-existing debt does not alone constitute estafa.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    18 views1 page

    People vs. Fortuno (73 Phil 407)

    Uploaded by

    A C
    The defendant issued a check to pay his rent that was later dishonored due to insufficient funds. He was found guilty of estafa by the lower court. However, the Supreme Court ruled that he was not guilty of estafa under the law because there was no evidence that he knew at the time of issuing the check that there were insufficient funds, as required to constitute the crime of estafa for issuing a bounced check. Issuing a check without having sufficient funds to cover a pre-existing debt does not alone constitute estafa.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    of 1

    People vs.

    Fortuno (73 Phil 407)

    ● Doctrine
    Estafa on issuance of check under Art. 315 par. 2 (d), as amended by R.A. no. 4885

    ● Facts
    Defendant Fortunato issued a check from his bank to pay for his rent that is already due. The check was
    then dishonored for the lack of funds and the defendant was presented guilty of estafa and sentenced with
    two months and one day of arresto mayor and was charged to pay the indemnification of PHP 60.00

    ● Issue
    W/n the defendant was guilty of estafa

    ● Ruling
    No, the defendant is not guilty of estafa. According to Art. 315 par. 2 (d), as amended by R.A. no. 4885,
    there is no estafa if it is without the knowledge of the payee that the drawer has insufficient amount to pay
    his pre-existing obligation. In this case, provided that the defendant has nothing in his bank to be issued
    with a check would not constitute estafa.

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