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G.R. No. 77569 June 29, 1988 RICARDO CELINO, Petitioner, The Court of Appeals and The People of The Philippines, Respondents

Ricardo Celino and his sons told Jose Tan Kapoe that there was a hidden treasure under his property and that a dwarf named Apo Dapo had possessed one of the sons and was giving instructions. They convinced Kapoe to let them dig on his property. The Celinos later claimed to have found a jar of gold covered with a cloth and asked Kapoe for P50,230 and to pray in church for 3 days to receive his share, as instructed by the dwarf. However, when the deadline passed, the jar was found to contain only stones, newspaper, soil and comics. The court ruled that the Celinos were guilty of estafa (swindling), as the evidence clearly showed they misled Kap

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78 views1 page

G.R. No. 77569 June 29, 1988 RICARDO CELINO, Petitioner, The Court of Appeals and The People of The Philippines, Respondents

Ricardo Celino and his sons told Jose Tan Kapoe that there was a hidden treasure under his property and that a dwarf named Apo Dapo had possessed one of the sons and was giving instructions. They convinced Kapoe to let them dig on his property. The Celinos later claimed to have found a jar of gold covered with a cloth and asked Kapoe for P50,230 and to pray in church for 3 days to receive his share, as instructed by the dwarf. However, when the deadline passed, the jar was found to contain only stones, newspaper, soil and comics. The court ruled that the Celinos were guilty of estafa (swindling), as the evidence clearly showed they misled Kap

Uploaded by

Clauds Gadzz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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G.R. No.

77569 June 29, 1988


RICARDO CELINO, petitioner,
vs.
THE COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES, respondents.
FACTS:
*this is a case of estafa against Petitioner
Ricardo Celino and his sons Zosimo Celino and Requerido Celino together with two (2) other companions went to
Jose Tan Kapoes house and informed the later that there is a hidden treasure under his lot in Caloocan and that
they claimed that dwarf named Apo Dapo possessed Zosimo giving out instructions for the digging operation.
Because Ricardo and Kapoe were friends, Kapoe believed them so they commenced the digging in Kapoes ricemill.
Later on, the Celinos claimed that they have found a jar full of gold but was covered with a cloth when it was
presented to Kapoe. Kapoe gave a total of P50,230.00 and to go to church for 3 consecutive days for his share of the
treasure and as supposedly instructed by the dwarf. Upon the deadline to give the money and gold to Kapoe set by
the Celinos themselves, Kapoe found out that the jar was fille with stones and old newspaper, soil and comics. Kapoe
then demanded the return of the money

PETITIONERS CONTENTION:
He denied all allegations pertaining to discussing a hidden treasure to Kapoe and that if ever Kapoe did give money
to Zosimo, he had no knowledge of it It was also contended that the transacton between Kapoe and Celino is in fact a
joint venture and if he had any liability, it would only be civil.
HELD:
The court ruled denying the petition since the fact that they really did led Kapoe to believe that there is a hidden
treasure was already established. There was no proof evidence presented to support his claim that there was a joint
venture and that he was really guilty of estafa/swindling beyond reasonable doubt.
There is no merit to the petitioner's pretense that the transaction between him and the complainant was one of "joint
venture" and that if he had any liability at all, it is civil in nature. The evidence presented in this case conclusively
shows that Ricardo Celino, together with his two sons, Zosimo (deceased) and Requerido, led the complainant to
believe that there was a hidden treasure underneath his lot; that a dwarf whose spirit supposedly entered the body of
Zosimo directed the digging operations; that to obtain said treasure and upon instructions of the "dwarf," it was
necessaryfor the complainant to give the accused money which amounted to P41,300.00 all in all and to pray in

the church for three (3) consecutive days.

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