G.R. No. L-2741

FACTS:
On July 1, 1904, in Manila, the defendants-appellants, spouses Marcelo Leaño and Maria Gonzalez, went to the house of Juana Licauco. They obtained from her a gold ring with a solitaire, valued at 750 pesos, under the pretense of selling it on commission to the daughter of the provincial governor of Rizal. The agreement was to return the ring or its proceeds within one week. The defendants failed to comply. Upon repeated demands, Maria Gonzalez gave excuses. It was later discovered that Marcelo Leaño had pledged the ring to a pawnbroker on August 8, 1904, for 180 pesos. The ring was eventually redeemed by Leaño’s agent on October 7, 1904. The defendants also executed a document acknowledging a debt for the ring’s value, payable in installments. They were charged with the crime of estafa.

ISSUE:
Whether the defendants are guilty of the crime of estafa.

RULING:
Yes. The Supreme Court affirmed the conviction with modification. The acts of the defendants constitute the crime of estafa under Article 534, paragraph 2, and Article 535, paragraph 5, of the Penal Code. The essential elements of estafadeceit (fraud) and damageare present. The defendants secured the ring through deceitful representations (a false offer to sell on commission) and caused damage by appropriating it through pawning. The subsequent acknowledgment of debt did not extinguish their criminal liability, as a compromise on civil liability does not bar the public action for a crime. Both defendants are liable as principals: Maria Gonzalez for directly obtaining the ring through deceit, and Marcelo Leaño for his active cooperation and participation in pawning it. The penalty of five months of arresto mayor with its accessories was imposed on both, and they were ordered to share the costs. No indemnity was ordered as the ring had been recovered.