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[4/4] Leonila S. Perez vs. PEOPLE., et al.

[4/4] LEONILA S. PEREZ, petitioner, vs. THE PEOPLE OF THE PHILIPPINES and THE HONORABLE COURT OF APPEALS, respondents.

G.R. No. L-43548 | 1981-06-29

Separate Opinions

AQUINO, J., concurring:

I concur in the result. Leonila S. Perez is not criminally liable for her failure to return to Petra Farin the amount covered by Petra's thirteen checks. Under the singular facts of this case, Leonila committed simply a breach of contract which resulted in her being indebted to Petra. That debt should be recovered in the civil action filed by Petra against Leonila seventeen years ago.

Petra Farin and Leonila S. Perez agreed in 1963 to engage in kiting operations or to play the kiting game, a discounting device for the manipulation of bank credit by means of checks usually undertaken with the...