The Defraudation Upon Augustus Gonzales
Mr. Sylvano F. Sarabia was found guilty of eight (8) Estafa cases filed against him by Mr. Augustus Gonzales. Specifically, the eight are criminal cases No. 6320, No. 6321, No. 6322, No. 6323, No. 6324, No. 6326, No. 6327, and No. 6328.
The record of the cases revealed that the accused, assisted by his legal counsel, Atty. Florencio D. Gonzales, was arraigned on October 24, 2002 on the above stated cases. He pleaded "Not Guilty" of the crimes charged.
In the pre-trial held on February 20, 2003, the plaintiff, Mr. Augustus Gonzales and the accused, Mr. Sylvano F. Sarabia agreed on the following stipulations of facts which are: 1. accused is the owner of the checking account from the respective drawee – banks as appearing on the checks; 2. The signature of the accused appearing on the eight checks are genuine and valid; and 3. The existence of several demand letters made by the private complainant upon the accused to pay his just and lawful obligation.
The prosecution presented thru witnesses to prove the existence of the crime of Estafa. Juanito Custodio, manager of the PNB who testified about the services PNB provides to its clients. He brought with him the checking account number of Mr. Sylvano F. Sarabia. This checking account number reveals all the transactions the depositor made with the bank, Custodio testified. Mr. Ismael A. Baconoc testified, he is the bank manager of Allied Bank, Kalibo Branch; he knows Mr. Sylvano F. Sarabia who has a current account with his bank which is synonymous to checking account and therefore deposits can be withdrawn in the form of checks. Mr. Sarabia has also savings account with Allied Bank, Baconoc said. When Mr. Sarabia deposited money to the Allied Bank, it is credited to his savings account. However, when he issued check, the funds were transferred from his savings account to his checking account, according to Baconoc.
Mr. Augustus Gonzales testified that he is the private complainant of the eight criminal cases. He knew Mr. Sarabia since 1994. Being a businessman, he became close with Mr. Sarabia whom he knew as manager of the Aklan Development Bank. In the course of their friendship, Mr. Sarabia borrowed from him cash of P750,000.00 in several occasions. The borrowings were done from July to October 1997. Every time Mr. Sarabia borrowed money, he issued post dated check as loan guarantee.
However, time came that those checks bounced due to "closed account" when it were presented for encashment, hence the accusation. Mr. Gonzales, among others, presented eight checks which bounced as exhibits to the court.
In his defense, Mr. Sarabia argued that what he did, did not constitute Estafa. According to him, the act of postdating or issuing a check in payment of an obligation must be the efficient cause of the defraudation; that the offender must be able to obtain money or property from the offended party because of the issuance of check. It must be shown that the person to whom the check was delivered would not have parted with his money or property were it not for the issuance of check by the other party.
But the Court concluded that the prosecution has well established the essential requirements of Estafa under Article 315, par 2 (d) of Republic Act No. 4885, for which the accused is charged. The court record shows that checks were drawn in payment of an obligation contracted at the time the checks were issued; that there were no funds sufficient to cover payment for the check; and the payee sustained damages.
This eight criminal cases of Estafa is a stern warning to persons whose transactions will involve the use of bank checks. This use of bank checks has victimized not only hundreds but thousands of people. Several culprits have succeeded of their act of defraudation because of lack of interest of the victims, lack of resources to go to court, or by mere ignorance of the law.
A better course is: if in doubt, do not accept whatever bank check. These cases reduced the trust and confidence on a negotiable instrument like bank check./MP mailto:madyaas_pen@yahoo.com
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