1.

One of the elements of Estafa is that (1) the offender has postdated or
issued a check in payment of an obligation contracted at the time of
the postdating or issuance. Even assuming arguendo that the
Honorable Office has jurisdiction, the crime of estafa cannot be committed
as the first element is wanting.

Complainant in her answer to Question No. 8 “I am the one financing their

projects sir. The amount of the checks represent my capital and profits
sir.”

The post dating of the check was made not at the time the obligation was
contracted. The obligation was already existing when the checks in
question was issued by the Respondents.

G.R. No. 191622, June 06, 2018 - ILUMINADA BATAC, Petitioner, v.

PEOPLE OF THE PHILIPPINES, Respondent.

The SC, discussed the case of People v. Reyes, the Court ruled that for
estafa under the above provision to prosper, the issuance of the check
must have been the inducement for the other party to part with his money
or property, viz:

To constitute estafa under this provision, the act of postdating or issuing a

check in payment of an obligation must be the efficient cause of the
defraudation; as such, it should be either prior to or simultaneous with the
act of fraud. The offender must be able to obtain money or property from
the offended party because of the issuance of the check, whether
postdated or not. It must be shown that the person to whom the check was
delivered would not have parted with his money or property were it not for
the issuance of the check by the other party. Stated otherwise, the check
should have been issued as an inducement for the surrender by the party
deceived of his money or property and not in payment of a pre-existing
obligation.

G.R. No. L-45490 November 20, 1978

THE PEOPLE OF THE PHILIPPINES, petitioner,
vs.
HON. JOSE SABIO, SR., City Judge of Cagayan de Oro and
RANULFO M. SALAZAR, respondents.

Now, it is asked: Is there deceit and damage when a bad check is issued
in payment of a pre-existing obligation? It is clear that under the law, the
false pretense or fraudulent act must be executed prior to or
simultaneously with the commission of the fraud. To defraud is to
deprive some right, interest, or property by deceitful device. 18 In the
issuance of a check as payment for a pre-existing debt, the drawer derives
no material benefit in return as its consideration had long been delivered
to him before the check was issued. In short, the issuance of the check
was not a means to obtain a valuable consideration from the payee.
Deceit, to constitute estafa should be the efficient cause of the
defraudation. 19 Since an obligation has already been contracted, it
cannot be said that the payee parted with his property or that the drawer
has obtained something of value as a result of the postdating or issuance
of the bad check in payment of a pre-existing obligation. 20