G.R. No. L-9459; October 19, 1914
THE UNITED STATES, plaintiff-appellee, vs. SEVERINO CAMARA, defendant-appellant.

FACTS:
Severino Camara was charged with estafa before the Court of First Instance of Tayabas for allegedly receiving ₱425.10 from Calixto Berbari (representing Berbari Hermanos) in December 1912 to purchase copra on commission and appropriating the sum to his own use. The evidence revealed that the amount should be reduced by ₱8.50 (the price of one sack of rice sold to Camara on credit) and by ₱36.06 (the value of copra Camara had furnished), leaving a balance of ₱380.54.

Further examination of the accounts showed that Camara had been an agent of Berbari Hermanos for purchasing copra. In November 1912, Berbari Hermanos had sued Camara for ₱1,700, but he was absolved. Subsequently, Camara executed a contract of sale with a right to repurchase two parcels of coconut land for ₱1,722.50, which served as security for the prior balance. After this transaction, entries in the account continued, resulting in a balance that Berbari Hermanos claimed was owed to them. The criminal complaint for estafa was filed in February 1913 to collect the alleged debt.

ISSUE:
Whether Severino Camara’s failure to remit the balance of his account with Berbari Hermanos constitutes the crime of estafa under Article 535 of the Penal Code.

RULING:
No. The Supreme Court acquitted Severino Camara. The Court held that the transaction between Camara and Berbari Hermanos involved a civil debt arising from a contract of sale (e.g., rice purchased on credit) and ongoing account settlements, not a criminal misappropriation under estafa.

The Court emphasized that paragraph 5 of Article 535 of the Penal Code does not apply to contracts of sale, which create an obligation to pay a price rather than to deliver or return specific property received on commission, deposit, or administration. The existence of a balance due after accounting, or a delay in fulfilling a commission, gives rise only to civil liability. The criminal complaint was improperly used as a means to collect a debt. The judgment of conviction was reversed, and Camara was acquitted without costs.