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Lyzah Sy Franco vs. People of the Philippines / Steve Besario vs. People of the Philippines

LYZAH SY FRANCO, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent. --------------------------------------------------------------------------------- STEVE BESARIO, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 171328 / G.R. No. 171335 | 2011-02-16



FIRST DIVISION
D E C I S I O N

DEL CASTILLO, J.:

In the prosecution for the crime of estafa committed under Article 315, paragraph 2(a) of the Revised Penal Code, there must be evidence of false representation or false pretense on the part of the accused to prove reasonable doubt. In this case, the employee’s act of soliciting a client despite previous knowledge of several complaints against his or her employer for failure to deliver the motor vehicle that was the subject of the agreement, is tantamount to misrepresentation.

Factual Antecedents

These petitions for review on certiorari impugn the Decision1 of the Court of Appeals (CA) in CA-G.R....