G.R. No. L-6176 / January 27, 1911
THE UNITED STATES, plaintiff-appellee, vs. MARTIN GORME, defendant-appellant.

FACTS

Martin Gorme was convicted of estafa. The information alleged that on September 19, 1908, in Cabalian, Leyte, through deceit and fraud, and by pretending to be the agent of Maximo Palabio, Gorme succeeded in redeeming and taking possession of a carabao belonging to Palabio. The carabao, worth P200, was pledged to Eliseo Saludo for P20. Gorme paid the pledge amount and took the carabao for his own use. Gorme demurred to the information, arguing that under Article 1158 of the Civil Code, any person can pay a debt for another and is entitled to subrogation to the creditor’s rights, including possession of the pledged property, regardless of the debtor’s consent.

ISSUE

Whether the trial court erred in overruling the demurrer to the information, given the provisions of Article 1158 of the Civil Code on payment by a third person.

RULING

No, the trial court did not err. The demurrer was properly overruled. The gravamen of the charge was not the mere act of payment and subsequent subrogation under Article 1158. The essence of the crime was the use of deceit and fraud to induce the pledgee, Eliseo Saludo, to deliver the carabao by pretending to be the agent of the owner, Maximo Palabio. Having secured possession through fraudulent means, Gorme then wrongfully appropriated the carabao as his own. The legal provision on subrogation does not shield a person who obtains property through deceit. The findings of fact by the trial court, based on contradictory but carefully reviewed testimony, sustained the conviction. The penalty of four months and one day of arresto mayor, with accessory penalties, was affirmed.