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Betty Gabioza & Isabelita Tan Vs. Court of Appeals, Luke Roxas & Evelyn Nolasco [DISSENTING OPINION, VELASCO, J.]

BETTY GABIONZA and ISABELITA TAN, Petitioners, versus COURT OF APPEALS, LUKE ROXAS and EVELYN NOLASCO, Respondents. [DISSENTING OPINION, VELASCO, J.]

G.R. No. 161057 | 2008-09-12

D I S S E N T I N G   O P I N I O N

VELASCO, JR., J.:

With all due respect, I dissent. The majority opinion, I respectfully submit, would be setting a highly dangerous precedent if it were to rule that there is a prima facie case for estafa under Article 315(2)(a) of the Revised Penal Code despite the undisputed fact that petitioners never directly dealt with private respondents, much less did the latter induce them to invest their money in their corporation, and without further proof or evidence presented for the alleged fraudulent scheme. Moreover, to hold that checks, as commercial instruments, when issued evidencing indebtedness...