q. People vs.

Yabut (76 SCRA 624)

● Doctrine
The issuance of worthless checks to defraud constitutes estafa as per Art. 315, par. 2 (d) of the RPC.

● Facts
The respondents, Yabut spouses were criminally charged with estafa for the issuance of checks to present
themselves having sufficient funds to be paid to Freeway Tires Supply. Upon the delivery of the checks,
the checks were dishonored and that the respondents asserts that they cannot be charged with estafa
because the issued checks were issued in fulfillment with their pre-existing obligation.

● Issue
W/n the issuance of postdated checks in fulfillment of a pre-existing obligation constitutes to estafa

● Ruling
No, issuance of postdated checks in fulfillment of a pre-existing obligation constitutes estafa, however,
the respondents are guilty otherwise. According to the Supreme Court, the act of issuing worthless checks
to defraud constitutes estafa as per Art. 315, par. 2 (d) of the RPC. In this case, even though the criminal
information was premature, the findings made a contradiction to the claims of the respondents because of
the issuance of worthless checks with a fraudulent intention to defraud which constitutes to estafa.