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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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A complaint-affidavit charges private individual N with estafa through deceit (Art. 315, par. 2, 2nd sentence). Facts: The complainant M paid PHP 2,200,000 to N to secure the purchase of a used helicopter engine. N issued a receipt and promised delivery within 14 days. After 28 days, no engine was delivered; N returned PHP 300,000, claiming the balance covered “import duties.” Bank records show a PHP 2,200,000 deposit into N's personal savings account on the same date as the transaction. There is no bill of sale or title for the engine; no registration; the engine's existence is not verifiably established; the complainant has no independent witnesses. N's explanations are inconsistent; there is no independent corroboration that M and N had a debt or that the funds were for a loan. A text message between the parties shows N claiming the deal would be profitable, but there is no other corroboration. Based on DOJ Circular No. 2024-015 and DOJ Circular No. 2024-028, answer: (a) whether the facts establish a prima facie case with reasonable certainty of conviction; (b) if not, what additional evidence would be necessary to meet that standard; (c) what action the prosecutor should take in the preliminary investigation.

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Clara

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