G.R. No. 32455, August 6, 1930
PEOPLE OF THE PHILIPPINE ISLANDS vs. GERVASIO SANTIAGO

FACTS

The defendant-appellant, Gervasio Santiago (alias R.R. Revilla), went to the house of Jesus Pereira on March 13, 1929, pretending to be an agent of the Radium Ore Ravigator Co. He persuaded Pereira to purchase a water filter worth P40, claiming he needed to sell one more unit to win a P500 prize. Pereira, having only P20 on hand, issued a check for that amount payable to “cash” as a first installment. In return, Santiago gave a receipt (Exhibit A) promising to deliver the filter later that day. Santiago did not return. Upon checking with the company and discovering no employee named R.R. Revilla, Pereira reported the incident to the police, identified Santiago from a rogues’ gallery, and stopped payment on the check. The check was never cashed. Santiago, who had nine prior convictions for estafa, denied the allegations and claimed he was employed elsewhere at the time.

ISSUE

Whether the accused committed the crime of estafa despite the check not being cashed.

RULING

Yes. The Supreme Court affirmed the conviction for estafa. The offense is consummated even if the check was not cashed. A check payable to “cash” is negotiable, and while in the accused’s possession, it temporarily deprived the offended party of control over the funds, causing sufficient prejudice to constitute estafa. The Court cited precedents (U.S. vs. Goyenechea, 8 Phil. 117; U.S. vs. Malong, 36 Phil. 821). Considering the amount involved (not exceeding 250 pesetas) and Santiago’s nine prior convictions for the same crime, the penalty was adjusted under the Penal Code and the Habitual Criminal Act (Act No. 3397). The principal penalty was modified to one year and one day of presidio correccional, with an additional 21 years of imprisonment as an habitual criminal.