SC clears Wagas of estafa charges

CEBU, Philippines - The Supreme Court has reversed the ruling of a regional trial court that convicted former Compostela town mayor Gilbert Wagas of estafa.

In a decision penned by SC associate justice Lucas Bersamin, the SC found the appeal filed by Wagas meritorious.

“Wherefore, the court reverses and sets aside the decision rendered on July 11, 2002 by the Regional Trial Court, Branch 58, in Cebu City; and acquits accused of the crime of estafa on the ground of reasonable doubt,” the SC decision reads.

However, the SC said although Wagas was acquitted of estafa, he still has civil liability. 

The high court ordered Wagas to pay P200,000 to the complainant Alberto Ligaray as actual damages, plus interest of six percent per annum from the finality of the decision.

In 2002, Wagas was convicted of estafa and was sentenced to a maximum 30 years imprisonment by the RTC. However, he contested the decision by filing an appeal before the SC.

Background

In his complaint, Ligaray alleged that on April 30, 1997, he received a call from Wagas who ordered 200 bags of rice worth P200,000.

At first, Ligaray said he and his wife were hesitant to accept the order’s proposed payment through postdated check but later agreed after being convinced by Wagas.

On the same date, Ligaray said he received the postdated check dated May 8, 1997delivered by Robert Cañada, a brother-in-law of Wagas. He added it was Cañada who also signed the delivery receipt.

However, Ligaray said when he deposited the check in his bank it was dishonored due to insufficiency of funds.

Despite repeated demands, he said Wagas failed to pay him.

Defense

In his defense, Wagas admitted having issued a check to Cañada as payment for a portion of the latter’s property that he wanted to buy but the sale did not push through.

Wagas denied having transaction over the phone with Ligaray for the purchase of 200 bags of rice.

In his cross-examination, Wagas said he sent a letter to Ligaray in which he admitted owing him P200,000, and promised to settle such obligation.

However, Wagas claimed that he merely signed the letter upon the request of his sister, the wife of Cañada.

Decision

In its decision, the SC said the prosecution failed to establish proof that Wagas committed any fraud.

“In every criminal prosecution, however, the identity of the offender, like the crime itself, must be established by proof beyond reasonable doubt. In that regard, the prosecution did not establish beyond reasonable doubt that it was Wagas who had defrauded Alberto Ligaray by issuing the check,” the SC decision reads.

It said Ligaray admitted that he did not personally meet Wagas in relation to the alleged rice transaction, only through the phone.

The SC decision said that, in fact, Ligaray failed during his cross-examination to provide “satisfactory” evidence that it was Wagas who made the transaction with him through the phone for the rice purchase.  (FREEMAN)