423 Phil. 617
VITUG, J.:
"That on or about the 2nd day of February 1994, in Quezon City, Philippines, the said accused, conspiring together, confederating with and mutually helping each other, did, then and there, wilfully, unlawfully and feloniously defraud one JUDY I. BIGORNIA in the following manner, to wit: the said accused, pursuant to their conspiracy, well knowing that accused MARITESS TIMBAL did not have sufficient funds in the bank and without informing the said offended party of such fact, drew, made out and issued to the latter, a Capitol Bank Check No. 096700 postdated February 22, 1994 payable to the order of CASH in the amount of P80,716.00, Philippine Currency, simultaneously with the receipt of hog carcasses they purchased from the said offended party, that upon presentation of said check to the bank for payment, the same was dishonored and payment thereof refused for the reason "Account Closed" and said accused, notwithstanding due notice to said accused Maritess Timbal by the said offended party, Judy I. Bigornia, of such dishonor of said check, failed and refused and still fails and refuses to deposit the necessary amount to cover the amount of the check, to the damage and prejudice of the said offended party, Judy I. Bigornia, in the aforesaid amount of P80,716.00, Philippine currency."[1]After the corresponding warrants of arrest were issued against the couple, petitioner Pio Timbal posted a surety bond but Maritess Timbal remained at large.
"WHEREFORE, in view of the foregoing, accused PIO TIMBAL is hereby found guilty beyond reasonable doubt of the crime of Estafa penalized under Article 315, par. 2(d) of the Revised Penal Code and he is hereby sentenced to suffer an indeterminate sentence of imprisonment of from 6 years and 1 day of Prision Mayor as minimum to 13 years of Reclusion Temporal as maximum.Aggrieved, petitioner appealed the decision of the trial court to the Court of Appeals. In its now assailed decision, the appellate court affirmed in toto the judgment of the trial court. The appellate court rejected petitioner's defense of denial and alibi and ruled that for this defense to prosper, it must be shown that the accused could not have been physically present at the crime scene at the time of the incident. It agreed with the trial court that there was conspiracy between petitioner and his wife to defraud Bigornia.
"Further, he is hereby condemned to pay Mrs. Judy I. Bigornia the sum of P80,716.00, the unpaid value of the bouncing check issued by his co-accused, Maritess Timbal, with costs."[2]
"2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:The essential elements of the above offense are that - (a) a check has been drawn or postdated in payment of an obligation contracted at the time the check is issued; (2) there are no funds sufficient to cover the check; and (3) the payee sustains damage thereby.[3] In order to constitute estafa under the statutory provisions, the act of postdating or of issuing a check in payment of an obligation must be the efficient cause of the defraudation; accordingly, it should be either prior to or simultaneous with the act of fraud. In fine, the offender must be able to obtain money or property from the offended party by reason of the issuance, whether postdated or not, of the check. It must be shown that the person to whom the check is delivered would not have parted with his money or property were it not for the issuance of the check by the other party.[4]
"x x x x x x x x x
"(d) By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack or insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act."