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MERCEDES LIBUNAO vs. CA, et al.

THIRD DIVISION

Gentlemen:

WHEREFORE, the assailed decision of the lower court is hereby MODIFIED. The accused Libunao is hereby CONVICTED of Estafa under Article 315, paragraph 1 (d), and the penalty of Two (2) Years, Eleven (11) Months and Ten (10) Days of imprisonment of prision correccional as minimum to Six (6) Years, eight (8) Months and twenty (20) Days of imprisonment of prison mayor as maximum is hereby imposed. The rest of the judgement of the Court a quo is hereby AFFIRMED.

SO ORDERED.

(p. 13, Rollo.)

That in or about the month of august 1991, at Cruz, Municipality of la Trinidad, Province of Benguet, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually aiding one another, did then and there knowingly, willfully, unlawfully and feloniously with after thought deceit by false pretense or fraudulent acts executed prior to or simultaneously (sic) with the commission of fraud by falsely pretending to possess or own a parcel of land which representation they knew was false and was only made to induce the complainants, LOURDES LOQUIS and ASUNTA PANICO, to purchase the said parcel of land and deliver the amount of FIFTY ONE THOUSAND PESOS (P51,000.00), Philippine Currency, and once in possession of said sum of money, misappropriated, misapplied and converted the amount to their own personal use and benefit, to the damage and prejudice of the above-mentioned complainants in the aforementioned amount.

1. that money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same;

2. That there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt;

3. That such misappropriation or conversion or denial is to the prejudice of another; and

4. That there is a demand made by the offender party to the offender.

"x x x and once in possession of said sum of money, misappropriated, misapplied and converted the amount to their own personal use and benefit, to the damage and prejudice of the above-mentioned complainants in the aforementioned amount."