G.R. No. L-7520, November 23, 1912
THE UNITED STATES vs. JOSE ABAD

FACTS

The defendant, Jose Abad, was charged with estafa. On December 10, 1910, in Cavite, he entered the “Ligaya” bicycle renting establishment, pretended to be “Jose de los Santos,” and rented an Iver Johnson bicycle from owner Leoncio Pangilinan, agreeing to pay 50 centavos per hour and return it after one hour. Abad took the bicycle but did not return it or pay the rental. He kept it until it was found in his possession in Imus, Cavite, on January 29, 1911. At trial, the court convicted him of estafa involving property valued at more than 250 but less than 6,000 pesetas, based on testimony that the bicycle was worth P75. Abad appealed, arguing that the information was fatally defective for failing to allege the specific value of the bicycle.

ISSUE

Whether the information was fatally defective for not alleging the specific monetary value of the bicycle, and whether the conviction for a higher offense (involving property valued over 250 pesetas) could be sustained based on evidence of value not alleged in the information.

RULING

No, the information was not fatally defective for omitting the specific value, but the conviction for the higher offense was improper. The Supreme Court held that while the information did not specify the bicycle’s value, the allegations that it was property used in a rental business and that Abad agreed to pay 50 centavos per hour for its use were sufficient to establish that it had some value. This supported a conviction for estafa under Article 535(5) in relation to Article 534(1) of the Penal Code, which applies when the value does not exceed 250 pesetas. However, the trial court erred in convicting Abad of estafa involving property valued over 250 pesetas (based on evidence it was worth P75) because the information did not charge that higher offense. An accused cannot be convicted of a higher offense than that charged, as it violates the constitutional right to be informed of the precise nature of the accusation. The evidence of value, though admitted, could not be used to elevate the offense. The Court reversed the conviction for the higher offense but found Abad guilty of the lesser offense of estafa under Article 534(1). He was sentenced to two months and one day of arresto mayor, with costs.