G.R. No. 157943 - People vs. Wagas

On or about April 30, 1997, the Regional Trial Court (RTC), Branch 58, Cebu City, charged Gilbert R. Wagas with estafa under Revised Penal Code Article 315(2)(d) for issuing Bank of the Philippine Islands Check No. 0011003 dated May 8, 1997 in the amount of ₱200,000.00 when he allegedly had insufficient funds.
Wagas pleaded not guilty. At pre-trial, the defense admitted the dishonor of the check for insufficiency of funds; the prosecution made no admissions.

Complainant Alberto Ligaray testified that on April 30, 1997 he accepted an order for 200 bags of rice based on a telephone assurance by the buyer that he had bank funds and would pay by postdated check; he delivered the rice and received the May 8 check, which Solid Bank later dishonored. He then made repeated telephone demands on “Gilbert Wagas” to make good the check, but payment was not forthcoming.
The RTC admitted into evidence:

Wagas testified the check was issued to Caáada in payment for a separate property transaction, not to Ligaray; denied any telephone deal with Ligaray. He produced a July 3, 1997 letter addressed to Ligaray’s counsel acknowledging a ₱200,000 debt but claimed he signed it at his sister’s urging.
On July 11, 2002, the RTC convicted Wagas of estafa and imposed an indeterminate penalty of 12 years (prision mayor) to 30 years (reclusion perpetua), awarded Ligaray ₱200,000 indemnity plus ₱30,000 attorney’s fees. Motions for new trial and reconsideration were denied. Wagas appealed to the Supreme Court and was granted bail pending appeal.

Whether the prosecution proved beyond reasonable doubt that Gilbert R. Wagas was the person who defrauded Ligaray by issuing the dishonored check.
Whether the elements of estafa under Article 315(2)(d) — issuance of a postdated check as payment of an obligation, insufficiency of funds, and damage to the payee — were established.
Whether, even if acquitted criminally, Wagas remains civilly liable for the amount of the dishonored check.