The Court has time and again held
that "[t]he right to appeal is neither a natural right nor is it a
component of due process. It is a mere statutory privilege, and may be
exercised only in the manner and in accordance with the provisions of the law." "The
party who seeks to avail of the same must comply with the requirements of the
rules. Failing to do so, the right to appeal is lost." G.R. No. 207156, TURKS SHAWARMA COMPANY/GEM ZEÑAROSA v. FELICIANO Z. PAJARON and LARRY A.
CARBONILLA , January 16, 2017
1. MARIA C. OSORIO VS. PEOPLE OF THE PHILIPPINES, G.R. NO. 207711, JULY 02, For an accused to be held criminally liable under Article 318 of the Revised Penal Code, the following elements must exist: (a) [The accused makes a] false pretense, fraudulent act or pretense other than those in [Articles 315, 316, and 317]; (b) such false pretense, fraudulent act or pretense must be made or executed prior to or simultaneously with the commission of the fraud; and (c) as a result, the offended party suffered damage or prejudice. (Citation omitted) All the elements of Article 318 of the Revised Penal Code are present in this case. Petitioner, in soliciting private complainant's money, falsely represented that it would be invested in Philam Life and that its proceeds would be used to pay for private complainant's insurance premiums. This false representation is what induced private complainant to part with her funds and disregard the payment of her insurance premiums. Sinc...
Comments
Post a Comment