Woman cleared of estafa, but told to pay P1.6 M

MANILA, Philippines - A woman claiming to be a diamond trader was ordered to pay over P1.6 million even as a Quezon City court acquitted her of the estafa charge filed against her by a businessman.

In an eight-page decision, Regional Trial Court Branch 221 assisting Judge Genie Gapas-Agbada said there was reasonable doubt that Maribel Laroza committed the crime charged against her by complainant Angelito Miranda.

“All told, the needed quantum of proof to convict the accused of the crime charged is lacking,” read the decision.

However, the judge said “an acquitted person, nevertheless, cannot always escape from civil liability in the attendance of facts from which such liability might arise.”

She said while there were inconsistencies in the evidence presented by the prosecution, the fact that she received demand letters and never lifted a finger and showed proof of payment must be considered.

The judge ordered her to pay Miranda the amount of over P1.6 million plus 12 percent interest per year from the date the judgment becomes final until full payment is made.

In his complaint-affidavit, Miranda said that on May 11, 2011, he lent Laroza P12 million in exchange for seven post-dated checks totalling P14 million.

Miranda claimed that all the checks, including the subject check in the case – for P1,662,050 – were dishonored because the account was closed.

 

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