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US V Lim Buanco

Lim Buanco was a client of Banco Espa�ol-Filipino who conspired with the bank's bookkeeper, Luciano de los Reyes, to withdraw funds from his account regardless of whether he had sufficient balances. De los Reyes manipulated the bank's books to conceal that Buanco was overdrawn. Both were charged and convicted of estafa. The Supreme Court affirmed the lower court's ruling, finding there was a conspiracy between the two as each distinct criminal act committed in furtherance of the conspiracy could be prosecuted separately despite being part of an overall conspiracy.

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67 views

US V Lim Buanco

Lim Buanco was a client of Banco Espa�ol-Filipino who conspired with the bank's bookkeeper, Luciano de los Reyes, to withdraw funds from his account regardless of whether he had sufficient balances. De los Reyes manipulated the bank's books to conceal that Buanco was overdrawn. Both were charged and convicted of estafa. The Supreme Court affirmed the lower court's ruling, finding there was a conspiracy between the two as each distinct criminal act committed in furtherance of the conspiracy could be prosecuted separately despite being part of an overall conspiracy.

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DL
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© © All Rights Reserved
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The United States vs.

Lim Buanco and Luciano de los Reyes


G.R. No. L-5241 November 19, 1909
Elliott, J.:

Facts:
Luciano de los Reyes was employed as bookkeeper and check registry clerk in
Banco Espa�ol-Filipino. It is his duty to inspect checks and to determine if it has
sufficient balance. He was also required to indorse upon each check, if it was
entitled to payment, the words "Corriente, P.O. Luciano de los Reyes." While Lim
Buanco is a client of the said bank and drew large sums of money therefrom. A
conspiracy existed between the two for the withdrawal of funds by Lim Buanco
regardless whether he had any funds in his account. De los Reyes manipulated the
books of the bank to show that Lim Buanco had no apparent credit balance where in
fact indebted a large amount of money. The two accused were charged and convicted
of the crime of estafa.

Issue:
Whether or not there is conspiracy between Lim Buanco and de los Reyes?

Ruling:
Yes. There is conspiracy between the two.
Even if it were true that the defendants had been charged and convicted of
conspiracy, the plea of former jeopardy would not be good as against a prosecution
for one of several crimes, each distinct from the other, committed in furtherance
of the conspiracy. Where several acts are done in pursuance of a conspiracy, each
act being distinct from the other, the fact that they are in fact done in pursuance
of a conspiracy does not make one act the "same offense" as the other.
The Supreme Court affirmed the judgment of the lower court.

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