GR 174113; (January, 2016) (Digest)
G.R. No. 174113, January 13, 2016
Paz Cheng y Chu vs. People of the Philippines
FACTS
Petitioner Paz Cheng y Chu was charged with three counts of Estafa under Article 315(1)(b) of the Revised Penal Code before the Regional Trial Court (RTC) of Quezon City. The prosecution alleged that private complainant Rowena Rodriguez delivered pieces of jewelry to Cheng on commission basis on three dates (July 12, 1997, July 16, 1997, and August 12, 1997) with values of P18,000.00, P36,000.00, and P257,950.00, respectively. Under their agreement, Cheng was to remit the proceeds of sold jewelry or return unsold items after one month. Upon the last delivery, Cheng issued a check for P120,000.00 as security for the first two deliveries and partial security for the third. The check was dishonored twice due to insufficient funds and later because the account was closed. When Rodriguez confronted Cheng, the latter retorted, “Akala mo, babayaran pa kita?” Cheng denied receiving any jewelry, claiming Rodriguez was a usurious moneylender and that the check was issued as security for a loan. The RTC convicted Cheng of three counts of Estafa, which the Court of Appeals (CA) affirmed but modified the penalties.
ISSUE
Whether the CA correctly affirmed Cheng’s conviction for three counts of Estafa under Article 315(1)(b) of the Revised Penal Code.
RULING
The Supreme Court DENIED the petition and AFFIRMED the CA decision. The elements of Estafa under Article 315(1)(b) were present: (1) Cheng received jewelry in trust or on commission with an obligation to return or remit proceeds; (2) she misappropriated or converted the property; (3) this caused prejudice to Rodriguez; and (4) demand was made. The Court rejected Cheng’s argument that Rodriguez’s testimony characterized the transaction as a sale, noting that the check was merely security and not payment. The findings of fact by the RTC and CA, which found Rodriguez’s testimony credible and Cheng’s defense unsubstantiated, are binding. Cheng was sentenced as follows:
– For P257,950.00: 4 years and 2 months of prision correccional as minimum to 20 years of reclusion temporal as maximum.
– For P36,000.00: 4 years and 2 months of prision correccional as minimum to 9 years of prision mayor as maximum.
– For P18,000.00: 4 years and 2 months of prision correccional as minimum to 6 years, 8 months, and 20 days of prision mayor as maximum.