CA denies woman’s appeal vs attorney-in-fact

CEBU, Philippines - The Court of Appeals denied the appeal of a Lapu-Lapu City resident on an estafa case she filed against her own attorney-in-fact.

The Regional Trial Court Branch 58 of Cebu City acquitted Alan Ma. Gabriel Alcantara of the estafa case filed against him by Eleonor Concepcion Talmadge.

Alcantara, then attorney-in-fact of Talmadge, executed on December 31, 2005 to receive, withdraw and encash payment of the National Transmission Commission under expropriation proceedings with the obligation to turn over the amount of P1,316,700 to her and to Christine Thomas T. Montayre.

But instead of turning over the amount, Alcantara allegedly pocketed P658,350 of the sum, which he denied when he testified before the court during the trial.

On October 27, 2009, the RTC acquitted Alcantara of the charge due to insufficiency of evidence.

In her appeal, Talmadge said the accused failed to account and remit the money supposedly due to them, it being part of the sale of the lots her family had sold. She demanded for her 50 percent share of the sum, but the accused refused to give it to her.

Talmadge entered into a transaction with TransCo - Cebu Office pertaining to the absolute sale of her parcels of land in Pusok, Lapu-Lapu City, and contracted the legal services of Alcantara to negotiate the payment of the subject property.

She also allowed him, through a special power of attorney, to withdraw, encash and sign or indorse in her behalf the check under the transactions.

“These findings lead the court a quo to conclude that in the revoked authority, there is no mention of obligating the accused to turn over the money received or withdrawn to the private complainant,” reads a portion of the decision rendered by the CA.

The CA also said that Alcantara was able to comply with his obligations and that Talmadge was bound to pay him P1 million and reimburse him of the expenses incurred, especially that the testimonies of Talmadge and the other witnesses did not mention that they were able to pay him for his services.

The      CA also doubts that there was “existence of fraudulent intent” on Alcantara’s part.

During the trial, it was found out that the total expropriation consideration of the parcels of land was P15 million.

“Wherefore, the instant appeal is denied,” reads the decision penned by CA Associate Justice Maria Elisa Sempio Diy, concurred by Associate Justices Edgardo delos Santos and Pamela Ann Abella Maxino. — (FREEMAN)