G.R. No. 182276 March 29, 2010
DIONISIO AW a.k.a. TONY GO, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.

FACTS

Petitioner Dionisio Aw, a sales representative of Toyota Quezon Avenue, Inc., was charged with six counts of Estafa under Article 315, paragraph 1(B) of the Revised Penal Code. The cases were consolidated. He was convicted in Criminal Case No. Q-95-61234 and acquitted in the other five. The Information alleged that on or about August 1, 1994, in Quezon City, petitioner, with unfaithfulness or abuse of confidence, defrauded Toyota by receiving in trust from Tritan Trading Corporation the amount of ₱480,000.00 as payment for one Toyota Corolla, with the obligation to remit it to Toyota, but instead misappropriated it for his personal use.
The prosecution presented Vic Abdon (General Sales Manager of Toyota), Robert Gatchalian (Manager of Toyota’s Credit and Collection Department), and Lucio Tiong (General Manager of Tritan Trading Corporation). Their testimonies established that Tritan Trading, through Tiong, purchased two Toyota Corolla units. For the first car (subject of the case), Tiong issued a ₱20,000.00 check as deposit and later a crossed Philtrust Bank Check No. AO-12122 for ₱480,000.00 payable to cash as final payment. Petitioner received both checks and issued corresponding provisional receipts, including Provisional Receipt No. 56013 for the ₱480,000.00 check. Petitioner failed to remit the amounts to Toyota. After discovering petitioner’s uncollected accounts, Toyota confronted him; he promised to settle but stopped reporting to work. An investigation revealed petitioner kept the folder files, preventing proper posting. Toyota’s demand letter to petitioner went unheeded. Tiong confirmed full payment to petitioner.
Petitioner, as lone defense witness, claimed his appointment did not authorize him to receive payments. He asserted he accompanied Tritan’s driver to the cashier to deliver the checks, after which the vehicles were released.

ISSUE

Whether the Court of Appeals erred in affirming the trial court’s decision finding petitioner guilty of Estafa under Article 315, paragraph 1(B) of the Revised Penal Code.

RULING

The Supreme Court DENIED the petition and AFFIRMED the Court of Appeals’ decision. Petitioner was found GUILTY of Estafa under Article 315, paragraph 1(B).
The Court held that all elements of Estafa through misappropriation or conversion were present: (1) petitioner received the ₱480,000.00 in trust or under obligation to remit it to Toyota; (2) he misappropriated, misapplied, or converted the money to his personal use; (3) his act caused prejudice to Toyota; and (4) it was done with abuse of confidence. The provisional receipts signed by petitioner proved he received the money. His failure to remit it, despite demands, constituted misappropriation. His defense was deemed a mere denial, outweighed by the prosecution’s positive evidence. The penalty imposed by the lower courts was within the range provided by law, considering the amount defrauded and applying the Indeterminate Sentence Law.