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Teofisto Guingona, Jr. vs. City Fiscal of Manila

TEOFISTO GUINGONA, JR., ANTONIO I. MARTIN, and TERESITA SANTOS, petitioners, vs. THE CITY FISCAL OF MANILA, HON. JOSE B. FLAMINIANO, ASST. CITY FISCAL FELIZARDO N. LOTA and CLEMENT DAVID, respondents.

G.R. No. L-60033 | 1985-07-18

D E C I S I O N

AQUINO, J.:

Respondent Clement David filed a motion for the reconsideration of this Court's decision dated April 4, 1984, 128 SCRA 577. He contends that this Court failed to consider that the petitioners entered in the records and books of the Nation Savings and Loan Association only P305,821.92 out of his deposits in the amounts of P1,145,546.20, P15,531.94 and $75,000 and that they admitted that they did not deliver the difference when they assumed in their personal capacities the obligation to pay him. He argues that the petitioners committed estafa through misappropriation.

On the other hand, the petitioners contend...