Beauty doc Joel Mendez acquitted of estafa

THE Court of Appeals has acquitted beauty doctor Joel Mendez of estafa charge filed by an advertising firm in 2008.

In a 44-page decision, the appeals court’s 9th Division through Associate Justice Amy Lazaro-Javier said the Regional Trial Court of Pasig City Branch 64 erred in finding Mendez guilty of estafa on the ground of reasonable doubt.

“If the prosecution fails to discharge its heavy burden, then it is not only the right of the accused to be freed, it becomes the Court’s constitutional duty to acquit him,” the appeals court said.

Mendez was convicted and sentenced to suffer from six to 12 years of imprisonment for issuing unfunded checks.

The lower court also ordered Mendez to indemnify the complainant Digichive Philippines and Total Data Central Solution Inc. the amount of P3.4-million.

But the appeals court said “here, the prosecution failed to prove all the elements of estafa by proof beyond reasonable doubt. Perforce, appellant’s constitutional right of presumption of innocence until the contrary is proved not overcome, hence, he is entitled to an acquittal.”

The appeals court said in the case of estafa through false pretense under the Revised Penal Code, what is penalized is criminal fraud or deceit in the issuance of check and not the non-payment of debt.

On Mendez’ case, the appeals court noted that when he offered to fully settle his obligation by suggesting to arrange a payment scheme only showed that there was no intention on his part to defraud the complainants.

The appeals court also noted that the prosecution even admitted that Mendez issued the checks a day after the execution of the advertising contract.

According to the appeals court, the checks were issued in payment of pre-existing obligation and not as a principal inducement for Digichive and TDCI to execute the advertising contract for the installation of advertisements on several sites of the Ninoy Aquino International Airport Terminal 2.

“In other words, the obligation was already incurred and outstanding even before the postdated checks were even issued,” the appeals court added.

It added that deceit cannot be alleged against Mendez as he showed good faith by exerting efforts to make good the value of the checks.

Still, the appeals court ordered Mendez to pay Digichive and TDCS the amount of P1.7 million as actual damages, plus interest of six percent per year from finality of the decision.

Concurring with the ruling were Associate Justices Celia Librea-Leagogo and Melchor Q.C. Sadang.