GR L 11841; (March, 1917) (Digest)
G.R. No. L-11841; March 31, 1917
THE UNITED STATES, plaintiff-appellee, vs. MARIANO LIM, defendant-appellant.
FACTS:
Mariano Lim learned that Pablo Monserrat owned four parcels of land needed by a railroad company for its right of way. Monserrat had previously attempted to sell the land directly to the company but failed to agree on a price. Lim initiated contact with Monserrat, representing that he could facilitate the sale. Through a series of misrepresentations and active deceit, Lim induced Monserrat to execute deeds of sale for the land. Monserrat received only P2,492 from Lim, believing this to be the sale price from the railroad. However, Lim, using the same deeds, subsequently obtained P4,461.50 from the railroad company for the property. Lim failed to disclose this substantial profit to Monserrat and did not provide an accounting. The prosecution alleged that a relation of trust and confidence existed between them, which Lim breached.
ISSUE:
Whether Mariano Lim is guilty of the crime of estafa (swindling) under Article 535 of the Penal Code, through abuse of confidence and deceit.
RULING:
Yes, the Supreme Court affirmed the conviction. The Court found overwhelming evidence that Lim established a relation of trust and confidence with Monserrat, placing him under a fiduciary obligation to act on Monserrat’s behalf, disclose facts truthfully, and account faithfully. Lim breached this duty through false representations, active deceit, and concealment of material facts, specifically the true amount received from the railroad company. The Court rejected Lim’s defense that he was a mere purchaser who bought the land in his own name and resold it, finding this theory unsupported by the evidence. The fact that Monserrat received only P2,492 for documents for which Lim obtained P4,461.50 was central to establishing fraud. The Court also held that any potential immunity under Act No. 2307 was waived by Lim during trial. The penalty imposed by the lower court was affirmed.
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