Criminal Law, Remedial Law

BENABAYE vs. PEOPLE G.R. No. 203466, February 25, 2015 estafa, Swindling, juridical possession, Rule 122 of the Revised Rules of Criminal Procedure, Effect of appeal by any of several accused

FACTS: Petitioner Benabaye was the Loans Bookkeeper of Siam Bank and was authorized to collect and/or accept loan payments of Siam Bank’s clients and issue provisional receipts therefor, accomplish a cash transfer slip at the end of each banking day detailing the amounts of money that she has received, and remit such payments to Tupag,… Read More BENABAYE vs. PEOPLE G.R. No. 203466, February 25, 2015 estafa, Swindling, juridical possession, Rule 122 of the Revised Rules of Criminal Procedure, Effect of appeal by any of several accused

Criminal Law, Mercantile Law, Remedial Law

PEOPLE v. JOSE C. GO, et al. G.R. No. 191015, August 06, 2014 certiorari, Demurrer to Evidence, estafa, fiduciary nature of banks, Rule 65, simple loan

FACTS Orient Commercial Banking Corporation (OCBC), a commercial bank was ordered closed by the BSP.  PDIC was designated as OCBC receiver, and it took over the bank’s affairs, assets and liabilities, records, and collected the bank’s receivables. In 1997, it appears that fictitious loans in favor of two entities – Timmy’s, Inc. and Asia Textile… Read More PEOPLE v. JOSE C. GO, et al. G.R. No. 191015, August 06, 2014 certiorari, Demurrer to Evidence, estafa, fiduciary nature of banks, Rule 65, simple loan