Such proof is not only in relation to the elements of the offense, but also in relation to the identity of the offender.
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 Courts constitutional duty to acquit him. Wagas appeals his conviction for estafa under the decision rendered on July 11, 2002 by the Regional Trial Court, Branch 58, in Cebu City (RTC), meting on him the indeterminate penalty of 12 years of prision mayor, as minimum, to 30 years of reclusion perpetua, as maximum.
It is worthy also to discuss with you the environmental facts of the case for your consideration, to wit: It is true that I obtained goods from your client worth 200,000.00 and I promised to settle the same last May 10, 1997, but to no avail.
On this point, let me inform you that I sold my real property to a buyer in Manila, and promised to pay the consideration on the same date as I promised with your client.
(sic) Again, I made another promise to settle said obligation on or before June 15, 1997, but still to no avail attributable to the same reason as aforementioned.
Unfortunately, said buyer likewise failed to make good with such obligation.
Hence, I failed to fulfill my promise resultant thereof.