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People vs. Sabio, Sr. [ CONCURRING AND DISSENTING OPINION, BARREDO, J. ]

THE PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. JOSE SABIO, SR., City Judge of Cagayan de Oro and RANULFO M. SALAZAR, respondents./TAN TAO LIAP, alias JIMMY TAN, petitioner, vs. THE COURT OF APPEALS, and PEOPLE OF THE PHILIPPINES, respondents./DAYLIND

G.R. No. L-45490 | 1978-11-20


BARREDO, J., concurring and dissenting: 

I dissent because I believe that the doctrine on which the majority opinion predicates its conclusion in all these three cases bears reexamination and should in fact be abandoned. With particular reference, however, to G. R. No. L-45711, I concur in the acquittal of the petitioner Tan Tao Liap on other grounds hereunder stated. 

To my mind, the proposition that the issuing of a bouncing check in payment of a pre-existing obligation is not estafa is as inaccurate in theory as it is unrealistic. It is not in accord with the juridical concept of criminal fraud; it ignores the injury to the...