ABETO v. PEOPLE

Facts:

Abeto made a publication/advertisement that a shipment of sugar was about to arrive from the United States and he was offering it for sale to the first person who will make a reservation. Cometa, the private complainant in this case, went to Abetos office to inquire about the sugar and verify if the same was to arrive. Abeto confirmed the arrival of the shipment and both parties agreed to the terms of the reservation. Unfortunately, the shipment failed to arrive. Cometa demanded payment but Abeto was unable to pay. He was then charged with Estafa through false pretenses.

Ruling:

There is no finding by the Court of Appeals that the appellant made misrepresentations as to the existence of his business of importing refined sugar from the United States; nor is there a finding that the appellant's failure to import or bring the sugar he reserved for Cometa was due to an illicit act or omission of the appellant. In the absence for these findings, the presumption is that no misrepresentation was made and that the failure to import the sugar was due to a lawful cause.