GR 36112; (March, 1932) (Digest)
G.R. No. 36112 ; March 31, 1932
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. ANTONIO LEACHON, defendant-appellant.
FACTS
The defendant, Antonio Leachon, was an agent of the Manila Publishing Co., authorized to collect money from its debtors under an express obligation to account for and deliver all collections. Between April 22 and July 1, 1929, he collected P566.57 but misappropriated the amount for his own use instead of turning it over to the company, despite demands. He had executed a bond or mortgage in favor of the company to secure his obligations. He was charged with and convicted of estafa in the Court of First Instance of Manila.
ISSUE
Whether the execution of a bond or mortgage by the agent exempts him from criminal liability for misappropriation, making him only civilly liable.
RULING
No. The bond guarantees only civil liability and does not exempt the agent from criminal responsibility for the misappropriation. The defendant committed estafa under Article 535, No. 5 of the Penal Code, as he was an agent who fraudulently misappropriated funds received in his capacity. The court affirmed the conviction, imposing the accessory penalties, and clarified that the giving of a bond does not relieve one from criminal liability, a principle later codified in Article 315, paragraph (b) of the New Penal Code.
AI Generated by Armztrong.