G.R. No. L-2330

FACTS:
The defendant-appellant, Charles J. Cockrill, was the treasurer of a voluntary association known as the “Parian mess,” formed by 43 persons to maintain a common mess for meals. In his capacity as treasurer, he was entrusted with the duty of collecting monthly contributions from members and disbursing the funds to pay the mess’s obligations, with any balance to be returned to the members. Between May 1 and May 31, 1904, in Manila, Cockrill misappropriated and converted to his own use the sum of ₱2,147.54 from the mess funds. He was charged with and convicted of the crime of estafa by the trial court.

ISSUE:
Whether the accused, as treasurer of a voluntary unincorporated association, can be held liable for estafa under Article 535, paragraph 5 of the Penal Code for misappropriating the association’s funds.

RULING:
Yes. The Supreme Court affirmed the conviction. The crime of estafa under the cited provision is committed by any person who, to the prejudice of another, appropriates or misapplies money or personal property received on deposit, commission, administration, or under any other obligation to deliver or return the same. The evidence conclusively proved that Cockrill received the funds under an obligation to return them and that his misappropriation prejudiced the other members of the mess. The Court rejected the defenses that: (1) the mess, not being a legal entity, could not suffer damage, holding that the prejudice to the individual members was sufficient; and (2) the crime of estafa could not lie between partners, ruling that the Spanish Penal Code provision and jurisprudence were controlling and did not support such an exemption. The Court also found no merit in the procedural claim regarding the lack of a preliminary examination, as the record did not affirmatively show its absence and any objection thereto was deemed waived.