Law109-090-US V Lim Buanco - B3

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US v Lim Buanco

No 5240 Nov. 19, 1909 Elliott, J.


Erica Munoz Law109 B3

Facts:
- On Oct 6, 1906, Lino Eguia Lim Buanco prepared, drew and executed his personal check to El Banco
Espaol-Filipino for the sum of P2000. However, his account had insufficient funds in his credit, and that he
actually owed the bank a sum of more than P300,000.
- Luciano de los Reyes was employed to the Banco Espaol-Filipino as a book keeper and check registry
clerk. He conspired with Lim Buanco by signing, inspecting and endorsing the checks regardless of whether
there was any credit funds left. Also, he fraudulently and illegally manipulated the entries on the books of the
bank as to make the books show an apparent credit balance.
- Lim Buanco had no permission from any officer in authority that he may overdraw his account. No part of
the sum had been returned or paid back to the Banco Espaol-Filipino. Lim Buanco and Reyes each had
voluntarily admitted the crime charged.

Issue/Held:
WON both Lim Buanco and de los Reyes are guilty as principals of the crime of estafa Yes

Rationale:
Each performed the part which was necessary to enable them to accomplish the criminal purpose they had in
view. Lim Buanco possessed a credit to which he was not entitled. Reyes falsified the accounts-current of Lim
Buanco, making him a creditor when in fact he is a debtor, and acted in collusion with him, making him guilty of
deceit.

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