Case Digest: Ibanez vs. People, G.R. No. 198932, October 09, 2019
Ibanez vs. People G.R. No. 198932, October 09, 2019 Bersamin, J. Criminal Law, Estafa Facts: Danilo S. Ibañez was charged with estafa under Article 315, paragraph 1(b) of the Revised Penal Code. On April 25, 2002, private complainant Atty. Arturo T. Pineda (Atty. Pineda) and his wife Honorata, gravely in need of money to pay off their loan from one Evelyn Cheney, and impressed by the accused-appellants' expertise in real estate deals, engaged the latter's services to sell their three (3) hectares orchard at Baliok, Toril, Davao City, covered by TCT No. T-276925, for a price of ₱6,000,000.00, payable in 24 months. On even date, Atty. Pineda executed a Special Power of Attorney (SPA) appointing the accused-appellants as his "true lawful attorney (sic)-in-fact".The parties also agreed that 60% of the proceeds from the sale would be remitted to the Pinedas. Ibañez and his co-accused proceeded to sell portions of the property, collecting a total of ₱2,513,544.00. Howev...