Dear PAO,
Can a person who presented herself to be the owner of a land but turned out not to be the true owner be complained for estafa? My friend's aunt bought a property located in Quezon province. The lady who sold her the property assured her that she is the owner of the property and even showed her its tax declaration and title. My friend's aunt relied on the lady's declarations and assurance, so she paid the deposit as well as 50 percent of the balance. She was supposed to pay the remaining balance, but she eventually learned from the occupants of the neighboring lot that the real owner of the land that was sold to her is already deceased, and that the lady who sold her the property is not even an heir of the owner but only has the same namesake of the real owner. My friend's aunt already demanded that her money be returned, but the lady said that she already used the money and was willing to give her another property instead, to which my friend's aunt refused. Since it seems that she will not be able to get her money back, my friend's aunt is now contemplating on filing a criminal case. To dissuade her from pursuing legal action, the seller said that my friend's aunt was also at fault since she did not exercise due diligence. Is that a valid defense?
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