Koh Tieck Heng vs.

People of the Philippines and Court of Appeals

GR Nos. L-48535-36, Dec 21, 1990

FACTS:

1. Koh Tieck Heng, alias Tomas P. Flores opened Savings Account No. 26580, with the Security
Bank and Trust Company, Escolta St., Manila;
Passbook name: Tomas P. Flores
2. Falsified commercial document by erasing and altering and/or causing to be erased and altered
the amount of said check.
3. Court of Appeals affirmed the decision of the Court of First Instance of Manila in Criminal Case
15006 and 15007, petitioner guilty of estafa and attempted estafa.
4. Petition for certiorari on the decision of Court of Appeals which affirmed the decision of Court of
First Instance of Manila in Criminal Cases 15006 and 15007, petitioner guilty of estafa and
attempted estafa.

ISSUES:

1. Whether the petitioner executes overt acts for Estafa.

2. Whether the petitioner is guilty of attempted Estafa when there is lack of intent

DOCTRINE:

1. No.
»Did not perform all the necessary acts of execution which should have produced the crime of
estafa thru falsification of a commercial document by reason of some cause or accident other
than his own voluntarily desistance, that is, by the timely discovery made by the officials.

2. Yes.
»The petitioner benefitted from the falsified document which is by itself dolo or deceit.
» The inevitable conclusion would be that he was the one who falsified said the two checks.
Ineluctably, the use of the spurious checks is by itself fraud or deceit.
»Under Article 315(b) Estafa can be committed by means of false pretenses, or fraudulent acts,
and one of the enumerated elements of Estafa by deceit (2) that such pretense or fraudulent
representation was made or executed prior to or simultaneously with the commission of fraud.

RULING:
The petition is DENIED and the appealed judgment of respondent Court of Appeals is hereby
AFFIRMED in toto.
The Court finds petitioner guilty beyond reasonable doubt for the crime of Estafa and
attempted Estafa, and there being neither mitigating nor aggravating circumstances.