Deceit is not an essential requisite of estafa with abuse of confidence, SC Clarifies

-

 Deceit is not an essential requisite of estafa with abuse of confidence, since the breach of confidence takes the place of the fraud or deceit.


Elements of Estafa with abuse of confidence.—The elements of estafa with abuse of confidence are as follows: (a) that money, goods or other personal property is received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return the same; (b) that there be misappropriation or conversion of such money or property by the offender or denial on his part of such receipt; (c) that such misappropriation or conversion or denial is to the prejudice of another; and (d) that there is a demand made by the offended party on the offender. 


It is well-settled that when the money, goods, or any other personal property is received by the offender from the offended party in trust or on commission or for administration, the offender acquires both material or physical possession and juridical possession of the thing received. Juridical possession means a possession which gives the transferee a right over the thing which the transferee may set up even against the owner. 


Misappropriation or conversion may be proved by the prosecution by direct evidence or by circumstantial evidence. The failure to account upon demand for funds or property held in trust is circumstantial evidence of misappropriation. 


Diaz vs. People, 563 SCRA 322, G.R. No. 171121 August 26, 2008

Comments

Post a Comment

Popular posts from this blog

𝐄𝐜𝐨𝐧𝐨𝐦𝐢𝐜 𝐑𝐞𝐚𝐥𝐢𝐭𝐲 𝐓𝐞𝐬𝐭.

-
Image
  𝐄𝐜𝐨𝐧𝐨𝐦𝐢𝐜 𝐑𝐞𝐚𝐥𝐢𝐭𝐲 𝐓𝐞𝐬𝐭. [G.R. No. 189255 June 17, 2015]  "Aside from the control test, the Supreme Court has also used the economic reality test in determining whether an employer-employee relationship exists between the parties."  "Under this test, the economic realities prevailing within the activity or between the parties are examined, taking into consideration the [totality of circumstances] surrounding the true nature of the relationship between the parties." In Sevilla v. Court of Appeals, we observed the need to consider the existing economic conditions prevailing between the parties, in addition to the standard of right-of-control [...] to give a clearer picture in determining the existence of an employer-employee relationship based on an analysis of the totality of economic circumstances of the worker.  Thus, the determination of the relationship between employer and employee depends upon the circumstances of the whole economic activi...
Read more

SC applied the "economic dependency test" and ruled a Lazada delivery rider as a regular employee.

-
Image
  ANTECEDENTS   In February 2016, Chrisden Cabrera Ditiangkin, Hendrix Masamayor Molines,5 Harvey Mosquito Juanio, Joselito Castro Verde, and Brian Anthony Cubacub Nabong (collectively, riders) were hired as riders by Lazada E-Services Philippines, Inc. (Lazada). They were primarily tasked to pick up items from sellers and deliver them to Lazada's warehouse. Each of them signed an Independent Contractor Agreement (Contract) which states that they will be paid P1,200.00 per day as service fee. Respondents maintain that the Contract they signed with petitioners explicitly states that there is no employer-employee relationship between them. SC RULING   When the status of the employment is in dispute, the employer bears the burden to prove that the person whose service it pays for is an independent contractor rather than a regular employee with or without fixed terms. SPONSORED   Bar Q&A (2024 Ed.) Law Questions Criminal Commercial Civil Political Labor Taxation Ethi...
Read more

SUGGESTED ANSWERS TO 2023 BAR EXAMS ON CRIMINAL LAW

-
Image
  SUGGESTED ANSWERS TO 2023 BAR EXAMS ON CRIMINAL LAW BY JUDGE Marlo Campanilla 1. Court has jurisdiction - Extra-territoriality and generality principle ( 8-Hrs video Speed Lecture and regular review lecture )  2. Joey can invoke mistake of fact in relation of death under exceptional circumstance (last-minute video lecture, 8-hrs speed video lecture, pre-week video lecture, regular lecture) 3. Kidnapping with homicide , Ramos and Mercado principle (last-minute video lecture, pre-week video lecture, 8-hrs video speed lecture, regular lecture) 4. Aggravating circumstance of committing a crime in the present of the President; nighttime is not aggravating circumstance (Basic principle) 5. Ado is liable (Basic principle)   6. Pardon will not remit accessory penalty (8-hrs speed video lecture, pre-week video lecture, regular lecture) 7. The duration of reclusion perpetua is 40 years ( Miguel vs. Director of Bureau Prisons, UDK-15368, September 15, 2021 ) 8. Treason is...
Read more