The case of ELVIRA LATEO y ELEAZAR, FRANCISCO ELCA y ARCAS,
and BARTOLOME BALDEMOR y MADRIGAL
vs. PEOPLE OF
THE PHILIPPINES, G.R.
No. 161651, June 8, 2o11, defines FRAUD as follows:
“In Alcantara v.
Court of Appeals, 462 Phil. 72, 88-89 (2003), this Court, citing People
v. Balasa, G.R. Nos. 106357 & 108601-02, September 3, 1998, 295 SCRA
49. explained the meaning of fraud and deceit, viz.:
[F]raud in its general sense
is deemed to comprise anything calculated to deceive, including all acts,
omissions, and concealment involving a breach of legal or equitable duty,
trust, or confidence justly reposed, resulting in damage to another, or by
which an undue and unconscientious advantage is taken of another. It is a
generic term embracing all multifarious means which human ingenuity can device,
and which are resorted to by one individual to secure an advantage over another
by false suggestions or by suppression of truth and includes all surprise,
trick, cunning, dissembling and any unfair
way by which another is cheated. And deceit is the false representation of a
matter of fact whether by words or conduct, by false or misleading allegations,
or by concealment of that which should have been disclosed which deceives or is
intended to deceive another so that he shall act upon it to his legal injury.
X x x.”
