"Fraud, 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. On the other hand, 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. (Emphasis supplied)
The deceit and false pretenses committed by Arriola prior to the transfer of money, laid out by Del Rosario in open court, are as follows:
First, Arriola held himself out to Del Rosario as a duly authorized person to sell Candelaria's lot and showed her a letter apparently signed by Candelaria to that effect. However, Candelaria's alleged Authorization28 in favor of Arriola only stated the following:
A U T H O R I Z A T I O N
This is to authorize MR. LUIS T. ARRIOLA to receive for in my behalf any amount [from] MS. INGEBORG V. DEL ROSARIO pertaining to her purchase of my lot in Tag[ay]tay City covered by TCT No. 33184.
Done this 9th day of May, 2001 at Las Piñas City.
PACIENCIA G. CANDELARIA
(Emphasis supplied). "
G.R. No. 199975, February 24, 2020
LUIS T. ARRIOLA, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT.
https://lawphil.net/judjuris/juri2020/feb2020/gr_199975_2020.html
