In the case of PEOPLE OF THE PHILIPPINES vs. RICA G. CUYUGAN, G.R. Nos. 146641-43, November 18, 2002, it was held, inter alia, that when an obligation “is civil in character and in the absence of fraud, no criminal liability under the Revised Penal Code arises from the mere issuance of postdated checks as a guarantee of repayment.”
“x x x.
The transaction between appellant and the Abagat spouses, in our view, was one for a loan of money to be used by appellant in her business and she issued checks to guarantee the payment of the loan. As such, she has the obligation to make good the payment of the money borrowed by her. But such obligation is civil in character and in the absence of fraud, no criminal liability under the Revised Penal Code arises from the mere issuance of postdated checks as a guarantee of repayment. We find appellants allegation, that the Abagat spouses entered into a joint venture agreement with her for the supply of materials with the AFP, is self-serving. But we also note that the trial court convicted appellant on a general allegation that all the elements of estafa under Article 315, 2 (d) of the Revised Penal Code had been proved by the prosecution without making any reference to or giving any proof of the actual fraud that appellant allegedly committed to make her liable for estafa. It is elementary that where an allegation in the information is an essential element of the crime, the same must be proved beyond reasonable doubt to sustain a conviction. In this case, the prosecution did not establish specifically and conclusively the fraud alleged as an element of the offenses charged.
X x x.”