Being accused of estafa is one of the most stressful legal situations a person can face. Many Filipinos only begin searching for an estafa lawyer or criminal defense lawyer after a complaint has already been filed. When facing such serious allegations, the expertise of an experienced criminal defense lawyer becomes indispensable to protect one's rights and liberty.
In the case of Spouses Tayamen v. People, G.R. No. 246986, April 28, 2021, spouses Tayamen sold a 120-square meter parcel of land located in Barangay Palapala, Dasmariñas, Cavite to Ma. Mildred G. Bangit for ₱800,000.00. The property was then covered by Transfer Certificate of Title No. T-1028878. Although Bangit fully paid the agreed purchase price, spouses Tayamen failed to deliver or surrender the land title. After several demands, the petitioners executed an undertaking, promising to turn over the title, but they still did not comply.
Bangit later discovered through the Registry of Deeds of Cavite that the spouses Tayamen had sold the same property to Spouses Margarito and Virginia Pacia. Feeling deceived, Bangit demanded the return of the ₱800,000.00 she had paid. When spouses Tayamen failed to refund the amount, Bangit filed a criminal complaint for estafa against them.
To be criminally liable for Estafa under Article 316 (2) of the Revised Penal Code, the prosecution is burdened to allege in the Information and prove the following essential elements of the crime that:
- The thing disposed of be real property.
- The offender knew that the real property was encumbered, whether the encumbrance is recorded or not.
- There must be express representation by the offender that the real property is free from encumbrance.
- The act of disposing of the real property be made to the damage of another.
In this case, the Supreme Court acquitted spouses Tayamen due to the defect in the Information. The Court held that it is imperative that the Information must allege and contain specifically that spouses Tayamen made an express representation in the deed of conveyance that the subject real property is free from any encumbrance.
Article 316 (2) of the Revised Penal Code does not prohibit the sale of an encumbered real property. Criminal liability is brought about by the deceit in the selling of the property where the seller expressly represented that such real property is free from any encumbrance.
If you are facing an estafa complaint or any criminal charge, do not delay seeking professional help. A seasoned criminal defense lawyer can evaluate your case, craft a strategic defense, and guide you through every stage of the proceedings. Contact us today at inquiries@mpeclaw.com or (+63) 968 679 6617 to protect your rights and secure trusted legal representation.