Case Digest (G.R. No. 177944)
Facts:
Judith P. Ortega v. People of the Philippines, G.R. No. 177944, December 24, 2008, Supreme Court Third Division, Chico‑Nazario, J., writing for the Court.Complainant Marilou Oljol Adorable executed an affidavit on July 12, 1999, and the City Prosecutor filed an Information on November 19, 1999 charging Judith Perez Ortega with estafa by false pretenses for allegedly inducing Adorable to pay a total of P27,450 to facilitate transfer of a tax declaration and titling of a parcel of land. Ortega pleaded not guilty at arraignment; a pre‑trial conference was held and terminated on February 5, 2001, and the case was docketed as Criminal Case No. CBU‑53833 before the Regional Trial Court (RTC), Cebu City, Branch 21.
At trial the prosecution presented Adorable and her co‑teacher Epifania Laranjo as witnesses and introduced documentary receipts (Exhibits A–G) and a photocopy of a tax declaration. The prosecution’s theory was that Ortega falsely represented she could effect the transfer/titling, obtained successive payments (with specified dates and amounts totaling P27,450), and later presented a fake tax declaration; when Adorable discovered the deception, Ortega failed or refused to return the money. Ortega testified on her own behalf, denying the allegations and asserting that Adorable had asked her to prepare receipts and apparent documentation to convince creditors — a scheme to show debt settlement in the course of negotiating loans; Ortega claimed receipts were prepared at Adorable’s instance and that a corroborating witness (Lila Chin) was prevented from testifying because defense counsel repeatedly failed to appear.
On April 19, 2005, the RTC (Presiding Judge Eric F. Menchavez) found Ortega guilty of estafa under Article 315(2)(a) of the Revised Penal Code and sentenced her to an indeterminate term of 1 year, 8 months and 21 days of prision correccional as minimum to 8 years of prision mayor as maximum, and ordered indemnification of P27,450. Ortega’s Motion for Reconsideration/Motion for New Trial (filed April 27, 2005) was dismissed by the RTC as fatally defective (May 24, 2005).
Ortega appealed to the Court of Appeals (CA‑G.R. CEB CR No. 00241). The Court of Appeals, by Decision dated October 27, 2006 (and Resolution April 24, 2007), affirmed the RTC’s conviction, giving greater credence to the prosecution witnesses and documentary evidence and faulting the defense for failur...(Pro-only)
Issues:
- Whether the Supreme Court should disturb the trial court’s and Court of Appeals’ factual findings and credibility determinations.
- Whether the evidence on record is sufficient to sustain petitioner Ortega’s conviction for estafa under Article 315(2)(a) of the Revised Penal Code and whether the penalt...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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