GR 1180; (January, 1904) (Digest)
G.R. No. 1180 : January 13, 1904
THE UNITED STATES, complainant-appellee, vs. ROSALIA ANACLETO ET AL., defendants-appellants.
FACTS:
On October 16, 1902, an information was filed in the Court of First Instance of Manila charging Rosalia Anacleto and Rafaela Santos with the crime of estafa. It was alleged that on or about June 10, 1902, the defendants received certain jewels, valued at $2,040 (Mexican currency), belonging to Doña Gregoria Cobarrubias. The jewels were delivered by Bernabela Modesto, an agent of Cobarrubias, to Rosalia Anacleto under the condition that they were to be sold at specified prices, with unsold items to be returned and the proceeds from sold items to be remitted to the owner. From June 10 to October 9, 1902, the defendants, without the owner’s consent, willfully appropriated and converted the jewels to their own use, to the damage of the owner. During the trial, a signed document (“Exhibit A”) was presented, wherein Anacleto admitted receiving the jewels. Despite demands, neither the jewels nor their value were returned to Cobarrubias. Anacleto later stated she had sold the jewels with Santos, but the proceeds were never delivered.
ISSUE:
Whether the defendants, Rosalia Anacleto and Rafaela Santos, are guilty of the crime of estafa.
RULING:
The Supreme Court found Rosalia Anacleto guilty as principal of the crime of estafa, defined and punished under Article 534, paragraph 3, and Article 535, paragraph 5, of the Penal Code. The evidence established that she received the jewels under an obligation to sell them on commission and to account for the proceeds or return the items, but she fraudulently appropriated them, causing damage to the owner. No aggravating or mitigating circumstances attended the crime, so the penalty was imposed in its medium degree. She was sentenced to two years, eleven months, and ten days of prision correccional, with the accessory penalties, and ordered to make restitution of the jewels or their value, with subsidiary imprisonment in case of insolvency.
Regarding Rafaela Santos, the Court acquitted her due to insufficient evidence. The record did not establish that she received the jewels or participated in their receipt, nor was there proof that she shared in the proceeds or had knowledge of Anacleto’s fraudulent acts. Therefore, she could not be held liable as a participant.
The judgment of the lower court was affirmed insofar as it convicted Anacleto and reversed insofar as it convicted Santos. Costs were divided accordingly.