G.R. No. L-2947
THE UNITED STATES, complainant-appellee, vs. VICENTE RUIZ, defendant-appellant.
October 19, 1906 | Arellano, J.

FACTS:
1. Defendant Vicente Ruiz was sentenced to five months of arresto mayor (imprisonment) with accessory penalties under Article 61 of the Penal Code, for misappropriating $172.74 (USD) or its equivalent in Philippine currency (₱345.58) belonging to the New York Life Insurance Co.
2. Ruiz, as a soliciting agent of the company, received the money on commission but failed to remit it, converting it for his own use.
3. He appealed, arguing that since he did not receive the money in U.S. currency, he could not be guilty of misappropriating it in that form.

ISSUE:
Whether Ruiz committed estafa (swindling) under Article 535(5) of the Penal Code by misappropriating money received on commission, despite his claim that he did not receive it in the same currency.

RULING:
1. Guilty of Estafa: The Supreme Court affirmed the conviction, holding that:
– Article 535(5) of the Penal Code punishes those who misappropriate money received on deposit, commission, or administration, regardless of whether the exact currency was returned.
– Misappropriation is established when the accused fails to deliver the equivalent value of what was received, not necessarily the identical coins or bills.
– Ruiz’s own letters and testimony confirmed the exchange rate he used, proving the amount’s equivalence in Philippine currency.

2. Modification of Judgment: The Court corrected a clerical error, changing the amount from ₱345.58 to ₱345.48 to reflect the proper conversion.

3. Affirmation with Correction: The judgment was affirmed in all other respects, with costs against Ruiz.

Concurring Justices: Torres, Mapa, Johnson, Carson, Willard, and Tracey.

(Batas Pinas Digest)