GR L 4342; (October, 1908) (Digest)
G.R. No. L-4342
THE UNITED STATES, plaintiff-appellee, vs. MERCEDES ALABANZA, defendant-appellant.
October 22, 1908
FACTS:
On or about April 1906, Mercedes Alabanza received a gold rosary, valued at P100, from Juliana Aquino for sale on commission. Alabanza was under the obligation to return the rosary if it were not sold, or to pay its value if a sale was effected. Despite demands, Alabanza failed to return the rosary or pay its value. Alabanza admitted that she, in turn, delivered the rosary to a certain Maria Reototar for sale in Cagayan. However, it was established that Alabanza had no authority from Juliana Aquino to deliver the rosary to another person. The Court of First Instance of Ilocos Sur found Alabanza guilty of estafa and sentenced her to six months of arresto mayor, accessory penalties, P100 indemnity with subsidiary imprisonment, and costs. Alabanza appealed the judgment.
ISSUE:
Whether Mercedes Alabanza’s act of delivering a rosary, received for sale on commission, to a third party without the owner’s authorization, and subsequently failing to return it or pay its value, constitutes the crime of estafa.
RULING:
Yes, the Supreme Court affirmed the judgment of the lower court, finding Mercedes Alabanza guilty of estafa.
The Court held that Alabanza’s actions fell under paragraph 5 of Article 535 of the Penal Code, which punishes those who, to the prejudice of another, shall appropriate or misapply any money, goods, or any kind of personal property which they may have received as a deposit on commission, or any other character, producing the obligation to deliver or return the same. By delivering the rosary to Maria Reototar without the owner’s knowledge or authority, Alabanza acted with fraud and bad faith, converting the property and causing prejudice to Juliana Aquino (who was deprived of her jewel). The Court emphasized that the crime of estafa was consummated by this unauthorized disposition, and neither subsequent repair of the damage nor any agreement could efface the crime or exempt the guilty person from the penalty incurred.
The Court sentenced Mercedes Alabanza to six months of arresto mayor, accessory penalties, to indemnify Juliana Aquino in the sum of P100 with subsidiary imprisonment not to exceed one-third of the penalty, and to pay the costs.