G.R. No. L-15923 - JUNE 1960 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE G.R. No. L-15923June 30, 1960 People of the Philippines vs. Benjamin Benitez G.R. No. L-15414June 30, 1960 Juan C. Pajo, et al. vs. Pastor Ago, et al. G.R. No. L-15385June 30, 1960 Alejandra Bugarin Vda. de Sarmiento vs. Josefa R. Lesaca G.R. No. L-15157June 30, 1960 Luneta Motor Co. vs. Baguio Bus Company, Inc. G.R. No. L-14652June 30, 1960 Juan Gargantos vs. Tan Yanon, et al. G.R. No. L-14460June 30, 1960 In re: Charm Chan. Charm Chan vs. Republic of the Philippines G.R. No. L-14325June 30, 1960 Ceferino Tavora, et al. vs. Antonia Tavora G.R. No. L-14309June 30, 1960 Caltex(Philippines), Inc. vs. Felisa Felias G.R. No. L-14242June 30, 1960 Luz B. Pascua vs. Employees Savings and Loan Association of the Manila Water System G.R. No. L-14228June 30, 1960 Government of the Republic of the Philippines vs. Roberto Laperal G.R. No. L-14160June 30, 1960 People of the Philippines vs. Anunciacion Vda. de Golez G.R. No. L-14116June 30, 1960 Laureana A. Cid vs. Irene P. Javier, et al. G.R. No. L-14087June 30, 1960 La Union Labor Union vs. Philippine Tobacco Flue-Curing and Redrying Corporation G.R. No. L-13966June 30, 1960 People of the Philippines vs. Alberto Dacudao G.R. No. L-13947June 30, 1960 Chuanchow Soy & Canning Co. vs. Director of Patents, et al. G.R. No. L-13935June 30, 1960 Remedios T. Uichanco, et al. vs. Salvador Laurilla G.R. No. L-13887 and L-13890June 30, 1960 Collector of Internal Revenue vs. Manila Jockey Club, Inc. G.R. No. L-13789June 30, 1960 People of the Philippines vs. Melecio Aquino, et al. G.R. No. L-13777June 30, 1960 Philippine National Bank vs. Cornelio S. Ruperto, et al. G.R. No. L-13441June 30, 1960 Celerino Yu Seco vs. Republic of the Philippines G.R. No. L-13384June 30, 1960 People of the Philippines vs. Paquito de Leon, et al. G.R. No. L-13339June 30, 1960 People of the Philippines vs. Ponciano Mitra, et al. G.R. No. L-13290June 30, 1960 People of the Philippines vs. Ambrosio Mancera G.R. No. L-13288June 30, 1960 People of the Philippines vs. Jose Naranja G.R. No. L-13027June 30, 1960 People of the Philippines vs. Ascencion P. Olarte G.R. No. L-12949June 30, 1960 Gabina Daracan, et al. vs. Court of Appeals, et al. G.R. No. L-12844June 30, 1960 Melecio Arranz vs. Manila Surety & Fidelity Co., Inc. G.R. No. L-12694June 30, 1960 Jose Montero, et al. vs. Guido D. Castellanes G.R. No. L-12655June 30, 1960 People of the Philippines vs. Fabian Ulita, et al. G.R. No. L-12579June 30, 1960 Pedro C. Montero vs. Pedro V. Guerrero G.R. No. L-12403June 30, 1960 People of the Philippines vs. Anatalio Prado, et al. G.R. No. L-12332June 30, 1960 Aurora Suntay Tanjangco vs. Jose Jovellanos, et al. G.R. No. L-12143June 30, 1960 Nicanor E. Gabriel, et al. vs. Carolino Munsayac, et al. G.R. No. L-11530June 30, 1960 J.M. Tuason & Co., Inc. vs. Collector of Internal Revenue, et al. G.R. No. L-11526June 30, 1960 Vicente R. Marababol vs. Montano A. Ortiz, et al. G.R. No. L-11075June 30, 1960 Commissioner of Customs vs. Caridad Capistrano G.R. No. L-10398June 30, 1960 People of the Philippines vs. Adriano Dagundong, et al. G.R. No. L-9275June 30, 1960 People of the Philippines vs. Francisco Tan Co, et al. G.R. No. L-8388June 30, 1960 M.B. Florentino & Co., Ltd. vs. Johnlo Trading Company, et al. The Lawphil Project - Arellano Law Foundation, Inc. People of the Philippines vs. Benjamin Benitez Juan C. Pajo, et al. vs. Pastor Ago, et al. Alejandra Bugarin Vda. de Sarmiento vs. Josefa R. Lesaca Luneta Motor Co. vs. Baguio Bus Company, Inc. Juan Gargantos vs. Tan Yanon, et al. In re: Charm Chan. Charm Chan vs. Republic of the Philippines Ceferino Tavora, et al. vs. Antonia Tavora Caltex(Philippines), Inc. vs. Felisa Felias Luz B. Pascua vs. Employees Savings and Loan Association of the Manila Water System Government of the Republic of the Philippines vs. Roberto Laperal People of the Philippines vs. Anunciacion Vda. de Golez Laureana A. Cid vs. Irene P. Javier, et al. La Union Labor Union vs. Philippine Tobacco Flue-Curing and Redrying Corporation People of the Philippines vs. Alberto Dacudao Chuanchow Soy & Canning Co. vs. Director of Patents, et al. Remedios T. Uichanco, et al. vs. Salvador Laurilla Collector of Internal Revenue vs. Manila Jockey Club, Inc. People of the Philippines vs. Melecio Aquino, et al. Philippine National Bank vs. Cornelio S. Ruperto, et al. Celerino Yu Seco vs. Republic of the Philippines People of the Philippines vs. Paquito de Leon, et al. People of the Philippines vs. Ponciano Mitra, et al. People of the Philippines vs. Ambrosio Mancera People of the Philippines vs. Jose Naranja People of the Philippines vs. Ascencion P. Olarte Gabina Daracan, et al. vs. Court of Appeals, et al. Melecio Arranz vs. Manila Surety & Fidelity Co., Inc. Jose Montero, et al. vs. Guido D. Castellanes People of the Philippines vs. Fabian Ulita, et al. Pedro C. Montero vs. Pedro V. Guerrero People of the Philippines vs. Anatalio Prado, et al. Aurora Suntay Tanjangco vs. Jose Jovellanos, et al. Nicanor E. Gabriel, et al. vs. Carolino Munsayac, et al. J.M. Tuason & Co., Inc. vs. Collector of Internal Revenue, et al. Vicente R. Marababol vs. Montano A. Ortiz, et al. Commissioner of Customs vs. Caridad Capistrano People of the Philippines vs. Adriano Dagundong, et al. People of the Philippines vs. Francisco Tan Co, et al. M.B. Florentino & Co., Ltd. vs. Johnlo Trading Company, et al. The Lawphil Project - Arellano Law Foundation, Inc.
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-15923 June 30, 1960
THE PEOPLE OF THE PHILIPPINES,plaintiff-appellee,
vs.
BENJAMIN BENITEZ,defendant-appellant.
Assistant Solicitor General Jose P. Alejandro and Attorney Rodrigo C. Capulong for appellee.
Jose Galvan for appellant.
GUTIERREZ DAVID,J.:
This is an appeal from a decision of the Court of First Instance of Manila finding Benjamin Benitez guilty of the crime estafa and sentencing him to an indeterminate penalty of from 2 months and 1 day ofarresto mayorto 1 year and 1 day ofprision correccional, with the accessory of the law, to indemnify the offended party in the amount of P540.00 with subsidiary imprisonment in case of insolvency not to exceed 1/3 of the principal penalty, and to pay the costs.
The facts are not disputed. The accused Benjamin Benitez was employed by Jose Cua as collector of rents of the houses owned by the latter. In the months of July and August, 1956, the accused made several collections from his employer's tenants amounting to P540.00. Having failed to turn over said amount, or to account for it, to his employer, upon demand, the accused offered to work in the former's establishment, the sum P100.00, to be deducted from his salary every month until the whole amount of P540.00 is fully paid. The offer and the conditions for his employment were accepted by Jose Cua and reduced to writing.
The accused, however, after working in Cua's establishment for only a few days, did not report or show up for work, whereupon Cua wrote to him a letter demanding settlement of his account. The accused having failed to pay the amount of his obligation, a complaint for estafa was filed against him. He was convicted and sentenced as stated at the beginning of this opinion. From that sentence, he appealed to the Court Appeals, contending that the lower court erred in finding him guilty upon his mere failure to account for and turn over his collections, there being no proof of misappropriation or conversion, and in not considering that his agreement with his employer converted his criminal liability, if any, into a mere civil obligation. The questions raised being purely legal, the case was certified to this Court.
After going over the record, we entertain no doubt that the accused has committed estafa.
In the case of Tubbvs. People and the Court of Appeals (101 Phil., 114; 53 Off. Gaz. [18] 6096), this Court held that "the failure to account upon demand, for funds or property held in trust is circumstancial evidence of misappropriation." In another case involving a prosecution for the same crime as in the present, it was held that "... it is the duty of the agent to return the jewelry upon demand by the owner and the failure todo so is evidence of the conversion of the property by the agent. (Peoplevs. Zamora, 2 Phil., 382.)" (Peoplevs. Limbo, CA, 51 Off. Gaz., 228.) In the case at bar, the accused admits having collected the amount of P540.00 as rentals from the different tenants of his employer. It is likewise, admitted that he failed to account for and turn over said amount to his employer, upon demand therefor, without giving any reason or explanation whatsoever. These circumstances, together with the fact that the accused even obligated himself to make restitution, clearly show that the amount of P540.00, which he was duty bound to deliver to his employer, was misappropriated by him.
As to the contention that the liability of the accused is civil only because of the written agreement between him and his employer, it is well-settled that criminal liability for estafa is not affected by compromise or novation of contract, for it is a public offense which must be prosecuted and punished by the Government on its own motion even though complete reparation should have been made of the damages suffered by the offended party, (U. S.vs. Mendezona, 2 Phil., 353; U. S.vs. Ontengco, 4 Phil., 144; U. S.vs. Rodriguez, 9 Phil., 153; Peoplevs. Leachon 56 Phil., 739; Javiervs. People, 70 Phil., 550.) As was said in the case of Peoplevs. Gervacio (102 Phil., 687; 54 Off. Gaz. [9] 2898), "a criminal offense is committed against the People and the offended party may not waived or extinguish the criminal liability that the law imposes for the commission of the offense." The fact, therefore, that the accused herein had, with the consent of the offended party, assumed the obligation of paying the rentals, which he collected, out of his own salary after he had committed the misappropriation, does not obliterate the criminal liability already incurred.
There being no error in the judgment appealed from, the same is hereby affirmed, with costs against the accused.
Paras, C.J., Bengzon, Montemayor, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., and Barrera, JJ.,concur.