G.R. No. L-10449; March 13, 1916
THE UNITED STATES, plaintiff-appellee, vs. ACLEMANDOS BLEIBEL, defendant-appellant.

FACTS:
The defendant, Aclemandos Bleibel, signed a document on August 12, 1913, wherein he acknowledged receipt of jewelry from the firm Juan Ysmael & Co. to sell on commission. He obligated himself to remit the proceeds of any sale immediately and to return the articles or pay their value upon demand. The net value of the jewelry was P538.11. The firm later sent a demand letter dated February 21, 1914, but the record does not clearly establish when it was received by the defendant. The defendant paid the full amount of P538.11 to the firm’s manager in August 1914. Despite this payment, a complaint for estafa was filed against the defendant on September 29, 1914. At the trial, it was also revealed that at the time the complaint was filed, the firm actually owed the defendant P143 for his salary, which had not been paid to him.

ISSUE:
Whether the defendant committed the crime of estafa.

RULING:
No. The Supreme Court reversed the judgment of conviction. The Court held that the defendant did not commit estafa. The essential elements of the crime were not present. The evidence showed that the jewelry was voluntarily delivered under a commission contract, not deceitfully taken. More importantly, the defendant had already fully paid his obligation (P538.11) in August 1914, before the criminal complaint was filed in September 1914. The failure to return the goods or pay their value prior to a demand, without proof of misappropriation, involves only civil liability. Furthermore, the Court noted that no proper accounting had been made, as the firm owed the defendant salary arrears, which would have reduced the claimed balance. Since the civil obligation was extinguished before the complaint and there was no criminal intent or misappropriation proven, no crime was committed. The Court also nullified the lower court’s order against the defendant’s bondsmen, as they were not parties to the case and no liability on the bond was established in the record.