- Petitioner
- Carmelito A. Montano
- Respondent
- People Of The Philippines
- Citation
- G.R. No. 141980
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- De Leon, Jr., J.
- Decided
- December 7, 2001
Two counts of estafa charges against petitioner for fraudulent misrepresentation in townhouse purchase contracts, involving false claims about…
Summary
Carmelito A. Montano was convicted of two counts of estafa for defrauding complainants Dra. Rosario Ballecer and Lourdes Ballecer of P625,000 total through fraudulent real estate contracts. As general manager of Legarda Pine Home, Montano falsely represented that his company owned property in Baguio City and had authority to sell townhouse units thereon. After receiving downpayments in 1988, he failed to deliver the promised units within the stipulated one-year period and refused to return the money despite demands. The Supreme Court affirmed his conviction, finding all elements of estafa proven beyond reasonable doubt. The Court modified only the minimum prison term from seven to four years and two months under the Indeterminate Sentence Law, while maintaining the maximum twenty-year sentence for each count. This case demonstrates the criminal liability that arises when fraudulent misrepresentations in real estate transactions cause financial damage to victims.