G.R. No. 518 : February 15, 1902
THE UNITED STATES, complainant-appellant, vs. ROSARIO DE GUZMAN, defendant-appellee.

FACTS:
On October 16, 1900, Rosario de Guzman went to the house of Victorina Leonquingco. Under the pretense of having a prospective buyer who wished to see the jewels, she obtained several pieces of gold jewelry set with diamonds, valued at 730 pesos. She promised to return the jewelry or pay its value that same afternoon if sold. She failed to do so. When later confronted, she pleaded for an extension but still failed to return the jewels or account for their whereabouts under various pretexts.

ISSUE:
Whether the acts of Rosario de Guzman constitute the crime of estafa (embezzlement).

RULING:
Yes. The Supreme Court reversed the lower court’s judgment. The acts constitute the crime of estafa under Article 534, No. 2, and Article 535, No. 5, of the Penal Code. Rosario de Guzman received the jewelry under the express obligation to return them or deliver their value. Her failure to account for them gives rise to the legal presumption that she appropriated them to the prejudice of the owner. An alleged private agreement for installment payment does not extinguish the criminal liability, as criminal causes are of public character and cannot be converted into mere civil actions. No aggravating or mitigating circumstances being present, the penalty was imposed in its medium degree.
The Court sentenced Rosario de Guzman to five months of arresto mayor, with the accessory penalties under Article 61, an indemnity for the value of the jewelry if not returned, corresponding subsidiary imprisonment, and payment of costs.