There was no reversible error on the part of the Court of Appeals when it affirmed the finding of the trial court that Milla was guilty beyond reasonable doubt of the offense of estafa through falsification of public documents. The prosecution was able to prove the existence of all the elements of the crime charged. The relevant provisions of the Revised Penal Code read:
Art. 172. Falsification by private individual and use of falsified documents. – The penalty of prision correccional in its medium and maximum periods and a fine of not more than 5,000 shall be imposed upon:
1. Any private individual who shall commit any of the falsification enumerated in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document
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Art. 315. Swindling (estafa). – Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:
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2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
(a) By using a fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions; or by means of other similar deceits.
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It was proven during trial that Milla misrepresented himself to have the authority to sell the subject property, and it was precisely this misrepresentation that prompted MPI to purchase it. Because of its reliance on his authority and on the falsified Deed of Absolute Sale and TCT No. 218777, MPI parted with its money in the amount of P2 million, which has not been returned until now despite Milla’s allegation of novation. Clearly, he is guilty beyond reasonable doubt of estafa through falsification of public documents.
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