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February beyond question. What it has instead raised is the veracity of his
alleged income and if he really held the job. Against the credible and clear
testimony of the complainants, accused’s alibi must be rejected.”[30]
This Court is also aware that appellant was detained in Batangas City Jail for another
offense during his trial in this case.
We likewise affirm the conviction of appellant for estafa in Criminal Cases No. 90-13963
and 90-13964. All the elements of estafa are present,[31] to wit: (l) that the accused
defrauded another (a) by abuse of confidence or (b) by means of deceit; and (2) that
damage or prejudice capable of pecuniary estimation was caused to the offended party
or third party. The complainants entrusted their hard-earned money to appellant
Mañozca on the latter’s promise that they would land a job in Singapore. Again, we
quote the trial court:
“Prosecution also established that the accused by using the fictitious name
of Nesty Santiago and Manolito Santiago and falsely pretending to possess
the power and capacity to obtain and provide work for complainants in
Singapore, obtained from the complainants various sums of money knowing
fully well that he did not have such power or capacity in violation of Article
315, paragraph 2 (a) of the Revised Penal Code. In Criminal Case No. 9013964 the amount defrauded from Arnulfo Caampued by accused is
P14,500.00 while in Criminal Case No. 90-13963 the amount defrauded from
Norlito Hular is P12,636.00.”[32]
WHEREFORE, the appealed judgment of the court a quo is hereby AFFIRMED in toto,
with costs against accused-appellant Nestor Mañozca y Almari.
SO ORDERED.
Romero, Puno, Mendoza, and Torres, Jr., JJ., concur.
[1] Original Record, Criminal Case No. 90-13962, 2.
[2] Ibid., Criminal Case No. 90-13963, 1.
[3] Ibid., Criminal Case No. 13964, 1.
[4] TSN, January 4, l99l, 4-5.
[5] Ibid., January 10, 1991, 2-3.
[6] Ibid., id., 7.
[7] Ibid., January 15, 1991, 6.
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