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Finally, petitioner urges that her failure to return the private complainants' money does not constitute Estafa, and at best, only amounts to civil liability.32 On the other hand, the People of the Philippines, through the Office of the Solicitor General (OSG) counters that petitioner received the money in trust or for administration as the ...

Entrenched in jurisprudence are the following essential elements of Estafa under Article 315, paragraph 1(b) of the RPC: ... Lastly, it is obvious that petitioner’s failure to return SPI’s properties valued at P191,665.35 caused damage and prejudice to the latter. x x x." Posted by Atty. Manuel J. Laserna Jr. at 11:39 AM.

The elements of estafa through misappropriation under Article 315, paragraph 1(b) are: (a) the offender's receipt of money, goods, or other personal property in trust, or on commission, or for administration, or under any other obligation involving the duty to deliver, or to return, the same; (b) misappropriation or conversion by the offender ...

The petitioners maintained that all the elements of Estafa under Article 315, paragraph 1(b) are present: (1) the amounts of money were received by the respondent under an obligation to make delivery or to return the same; (2) the respondent misappropriated or converted the money of the petitioners; (3) the misappropriation or conversion ...

The first way of committing estafa is known as estafa with abuse of confidence, ... and may be inferred from facts and circumstances that appear to be undisputed.32 For failure to comply with her promise to return the original OR-CR, or even furnish new ones in lieu thereof, and in misrepresenting that she already gave De Guzman the subject ...

The nature of money, that is, the exact bills and coins received in trust cannot be returned, was already considered by the law. As long as the money was received in trust, on commission, for administration, or under an obligation to return, failure to account for it upon demand is punishable under Art. 315 1(b). The Solicitor General added:

Where the accused’s failure to return the money or property is attributable solely to inability to pay, estafa cannot stand. Ledesma v. Court of Appeals – The Court underscored the importance of distinguishing a mere breach of contract from an act of fraud, ruling that allegations of inability to pay, without more, remain civil matters.

Petitioner's failure to return these forms allegedly resulted in Imperial settling several insurance claims using those insurable instruments. In Criminal Case No. 02-598, petitioner was charged with receiving premiums totalling P20,035,067.93 from the sale of insurance policies for which he similarly failed to remit the amounts to Imperial.

Petitioner Manuel L. Manahan, Jr., seeks, in a petition for review on certiorari, the reversal of the decision 1 of the Court of Appeals affirming with modification the judgment of the Regional Trial Court of Makati, Branch 58, 2 which has found him guilty beyond reasonable doubt of the crime of estafa. On 10 May 1976, Petitioner, as lessee, and IFC Leasing and Acceptance Corporation ("IFC ...

In estafa, the accused's failure to account for the property received amounts to criminal fraud. In a contract, a party's failure to comply with his obligation is only a contractual breach. Thus, any finding that the source of obligation is a contract negates estafa. The finding, in turn, means that there is no civil liability ex delicto. Thus ...

Retention of Property: Failure to return items like vehicles under rental agreements. In your specific concern, the alleged failure of the car rental company to return a vehicle falls under estafa by misappropriation or conversion. Filing a Criminal Case for Estafa. Victims of estafa may directly file a criminal complaint. Here's how:

Typically, a complaint under Article 315(1)(b) arises in scenarios like failing to return money that one received for a specific purpose, using entrusted funds for personal gain instead of the intended project, or selling property that was meant to be returned intact. Part II: The Criminal Procedure Involving Estafa Cases

[ G.R. No. 198932, October 09, 2019 ] DANILO S. IBAÑEZ, PETITIONER, VS. PEOPLE OF THE PHILIPINES, RESPONDENT. D E C I S I O N. BERSAMIN, C.J.: The offense of estafa as defined and penalized under Article 315, paragraph 1(b) of the Revised Penal Code requires misappropriation or conversion of money.Absent any evidence proving misappropriation or conversion, the accused cannot be justly ...

January 2006: Criminal Information for Estafa is filed against Sorongon. Evidence Presented. Prosecution: Witnesses, including Nelly Vander Bom, testified about the borrowing and failure to return the mixer. Defense: Sorongon and a Barangay official testified about the amicable settlement, negating any criminal liability. Ruling of the RTC

[ G.R. No. 251131, July 06, 2021 ] ISAGANI Q. LISACA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. D E C I S I O N. CARANDANG, J.: Before this Court is a Petition for Review on Certiorari1 under Rule 45 of the Rules of Court assailing the Decision2 dated August 16, 2019 of the Court of Appeals (CA) in CA-G.R. CR No. 38396 finding Isagani Q. Lisaca (petitioner) guilty of estafa ...

Estafa, on the other hand, may also involve some money to be returned within a certain period of time; but the difference is that in estafa, the owner of the money parted with it either because of the employment of deceit or the failure to return the money is done with abuse of trust or confidence.

Emphasizes that mere failure to return property does not automatically constitute Estafa; there must be clear evidence of misappropriation or fraudulent intent. Gonzales v. Court of Appeals. Clarifies that in cases involving checks, it is critical to show that the accused knew of insufficient funds when issuing the check. Solis v. People

This memorandum provides a progress report on an estafa case involving the failure to return a motor vehicle. It notes that the case was filed against the suspect at the city prosecutor's office, but during inquest proceedings the case was referred for further investigation and given a reference number. The memorandum is from the Tarlac City Police Station chief of police to the provincial ...

That there was failure to return the property, or it was converted for personal use. Deceit or False Pretenses: Jurisprudence emphasizes that the false representation must be the proximate cause of the victim’s parting with the property. If the victim would have parted with the property anyway, irrespective of deceit, the crime of estafa may ...