MANILA – The Court of Appeals (CA) has acquitted celebrity doctor Joel Mendez of estafa charges filed against him by an advertising firm for issuing unfunded checks in 2008.

Reversing the decision of the Regional Trial Court of Pasig City Branch 64, Associate Justice Amy Lazaro-Javier of the CA’s ninth division said the lower court committed an error in finding Mendez guilty of estafa on the ground of reasonable doubt.

“If the prosecution fails to discharge its heavy burden, then it is not only the right of the accused to be freed, it becomes the Court’s constitutional duty to acquit him,” the CA decision said.

“Here, the prosecution failed to prove all the elements of estafa by proof beyond reasonable doubt. Perforce, appellant’s constitutional right of presumption of innocence until the contrary is proved not overcome, hence, he is entitled to an acquittal,” the CA added.

The appellate court held there was no intention on the part of Mendez to defraud the complainants, as he even showed good faith when he offered to fully settle his obligation by suggesting to arrange a payment scheme.

The court added that deceit cannot also be alleged as Mendez showed good faith when he tried to make good the value of the checks.

The CA explained that in estafa through false pretense or fraudulent act under Article 315 paragraph 2(d) of the Revised Penal Code, what is penalized is the criminal fraud or deceit in the issuance of check, and not the non-payment of debt.

Although the CA acquitted Mendez, it directed the celebrity doctor to pay the complainants the amount of P1.7 million as actual damages, plus interest of 6% per year from finality of the decision.