-
7/24/2019 credit 21016
1/7
Today is Tuesday, February 09, 2016
ublic of the PhilippinesREME COURTila
ST I!ISI"#
No. 74231 April 10, 1987
RAZON J. VZCON!E, petitioner,
ERME!ATE APPE""ATE COURT # PEOP"E O$ T%E P%"PPNES,
respondents%
RVASA, J.:
a'on (% !i'conde has appealed as contrary to la) and the
e$idence, the ecision of the &ourt of *ppeals 1affir+in her
con$iction of the cri+e of estafabt of First Instance of Ri'al
-ue'on &ity .ranch, in &ri+inal &ase #o% -/ 6%
onde and Pilar *% Paulayan )ere chared in the Trial &ourt
)ith +isappropriation and con$ersion of an 3/carat dia+ond rin
belonin to r% Maryas in an infor+ation )hich a$ers that they4
5 5 5 )ilfully, unla)fully and feloniously, )ith intent of ain
and )ith unfaithfulness andor abuse of confidence, defraud7ed8
M*R:"; (% Pudice of the offended party, inafore+entioned a+ount of
P3,000%00, Philippine currency% 2
r trial both accused )ere con$icted and each sentenced to ser$e
an indeter+inate prison ter+ of fro+ eiht 738 years, four 78 +onths
and one 718 d108 years and t)o 728 +onths ofprision mayor, )ith the
accessory penalties pro$ided by la), and >ointly and se$erally
to inde+nify the offended paof P,000%00 for the unaccounted balance
of the $alue of the rin )ith leal interest fro+ *pril 22, 19, the
further su+ of P?0,000%00 as and for aes and the su+ of P10,000%00
for attorney@s fees% 3
accused appealed to the &ourt of *ppeals, but as Pilar *%
Paulayan had e$aded pro+ulation of sentence in the Trial &ourt
and had appealed on
uh counsel the *ppellate &ourt $acated her appeal as
ineffectual% 4"n !i'conde@s part, the &ourt of *ppeals affir+ed
the >ud+ent of thurt in all respects eAcept the penalty of
i+prison+ent, )hich it increased to a ter+ of fro+ ten 7108 years
and one 718 day of pryorto t)el$e 7128 years ten 7108 +onths and
t)enty/one 7218 days of reclusion temporal.* +otion for
reconsideration )as denconde thereafter filed the present petition
for re$ie) on certiorari% &
uired to co++ent on the petition, the Solicitor Ceneral, despite
ha$in arued for affir+ance of !i'conde@s con$iction in the
&ourt of *ppeals, no)++ends that she be acBuitted, but
nonetheless held ci$illy liable to the co+plainant in the su+ of
P,000%00 7the unaccounted balance of the $aluas found by the Trial
&ourt8 D 5 5 5 or )hate$er portion thereof )hich re+ains
unpaid% 5 5 5 '
-
7/24/2019 credit 21016
2/7
+ the record and the findins of the courts belo), it appears
that so+eti+e in the f irst )ee= of *pril, 19, the co+plainant, r%
Marylon (% Perlas, caappellant !i'conde, a lon/ti+e friend and
for+er hih school class+ate, as=in her to sen Perlas@ 3/carat
dia+ond rin% Shortly after)ards, Perlas$ered the rin to !i'conde to
be sold on co++ission for P 3,000%00% !i'conde sined a receipt for
the rin% 7
ut a )ee= and a half later, !i'conde returned the rin to Perlas,
)ho had as=ed for it because she needed to sho) it to a cousin
Eo)e$er, !i'conde
)ards called on Perlas at the latter@s ho+e, )ith another lady,
Pilar *% Paulayan, )ho clai+ed to ha$e a Dsure buyerD for the rin%
8Perlas )as initant to do so, but she e$entually parted )ith the
rin so that it could be eAa+ined pri$ately by Paulayan@s buyer )hen
the late her a postdated chec= for the price 7P 3,000%008 and,
toether )ith !i'conde, sined a receipt prepared by Perlas% This
recple@s
-
7/24/2019 credit 21016
3/7
the sale of one 718 solo 3 carat dia+ond rin, )hite, double cut,
brilliant cut )+ultiple brilliantitos, i$en to Mrs% Pilar Pauland
Mrs% &ora'on de (esus !i'conde on 22 *pril 19, to be sold on
co++ission basis for eihty/ fi$e thousand pesos7P3,000%008%
Recei$ed also o)ner@s duplicate copies of T&T #os% ?90,
?909, ?910, )hich )ill be returned upon deli$ery of there+ainin
balance of the proceeds of the sale of said dia+ond rin for eihty
fi$e thousand pesos 7P3,000%008%
This receipt is bein issued )ithout pre>udice to leal
action%
-ue'on &ity, Philippines
May 19
7Sd%8 Marylon (% Perlas
ra% Marylon (% Perlas
&onfor+e4
7Sd%8 Pilar *% Paulayan
Pilar *% Paulayan
7Sd%8 &ora'on (% !i'conde
&ora'on !i'conde 13
onde and Paulayan ha$in alleedly reneed on a pro+ise to co+plete
pay+ent for the rin on the $ery neAt day, Perlas filed )ith the
-ue'on &ital@s office a co+plaint aainst the+ for estafaThis
not)ithstandin, Paulayan stin paid Perlas $arious su+s totallin
P2,000%00 )hich, toether )00%00 earlier paid, left a balance of
P,000%00 still o)in% 14
the Trial &ourt and the &ourt of *ppeals found istilln
these facts sufficient sho)in that !i'conde and Paulayan had
assu+ed a >oint aency in fa$
as for the sale of the latter@s rin, )hich rendered the+
cri+inally liable, upon failure to return the rin or deli$er its
areed $alue, under *rt% ?1, parRe$ised Penal &ode, for
defraudation co++itted D 5 5 5 )ith unfaithfulness or abuse of
confidence 5 5 5 by +isappropriatin or con$ertin, to the
pre>her, 5 5 5 personal property recei$ed in trust or on
co++ission, or under any other obliation in$ol$in the duty to +a=e
deli$ery of or to return the sahe Solicitor Ceneral fallin bac=, as
already stated, fro+ an earlier stance, disarees and sub+its in his
&o++ent that the appellant cannot be con$stafaunder a correct
interpretation of the t)o principal eAhibits of the prosecution,
the receipts
-
7/24/2019 credit 21016
4/7
essary% *t the least, she +ust be sho)n to ha$e acted in concert
and conspiracy )ith Paulayan, either in obtainin possession of the
rin, or in undturn the sa+e or deli$ery its $alue, or in the
+isappropriation or con$ersion of the sa+e%
, the infor+ation chares conspiracy bet)een !i'conde and
Paulayan, but no adeBuate proof thereof has been presented% It is
of course true that f of conspiracy is not essential to con$ict an
alleed conspirator, and that conspiracy +ay be established by
e$idence of acts done in pursuance of a+on unla)ful purpose%
17Eere, ho)e$er, the circu+stances fro+ )hich a reasonable
inference of conspiracy +iht arise, such as the fact that !i'conde
and the
plainant )ere friends of lon standin and for+er class+ates, that
it )as !i'conde )ho introduced Paulayan to Perlas, that !i'conde
)as present on the t)o occasionn )as entrusted to Paulayan and )hen
part pay+ent of P,000%00 )as +ade, and that she sined the
receipts,
-
7/24/2019 credit 21016
5/7
()o(*+
1 In &*/C%R% #o% 2?/&RH Mendo'a, ponente, *la+pay and
.orro+eo, ((%
2 Record, pp% 1/2%
? Record, pp% 620/629%
Rollo, 7&*/C%R% #o% 2?/&R8, pp% 62/6?%
Rollo, 7&*/C%R% #o% 2?/&R8, pp% 61/?%
6 Rollo, pp% 96/10?%
Rollo, 7&*/C%R% #o% 2?/&R8, p% 6?%
3 Rollo, 7&*/C%R% #o% 2?/&R8, p% 621%
9 Rollo, pp% 6/6H Record, pp% 11/12%
10 Rollo, %d.H
-
7/24/2019 credit 21016
6/7
ublic of the PhilippinesREME COURTila
.*#&
No. 1'482 $*r-r/ 1, 1922
T%, E"" # COMPAN, "T!.,plaintiff/appellant,
P%"PPNE NATONA" AN,defendant/appellee%
s ' (a)rence and *)ald *. elp# for appellant.man J. (acson for
appellee.
EET, J.:
action )as brouht by Messrs% S+ith, .ell J &o%, :td%, to
reco$er a su+ of +oney of the defendant, the Philippine #ational
.an=, as da+aes for itccept deli$ery of certain +achinery )hich had
been ordered fro+ the plaintiff by one F%M% Earden, and for the
purchase price of )hich the ban= hadated itself in the +anner
stated belo)% *fter the hearin the trial >ude absol$ed the
defendant, and the plaintiff appealed%
pears that in the +onth of *pril, 1913, one Fred M% Earden, bein
desirous of obtainin eiht eApellers adopted to the eAtraction of
coconut oil, apph, eApellers throuh this house% .y the contract
sined for this purpose bet)een said Earden and S+ith, .ell J
&o%, on *pril 2, 1913, the latter Dso
den eiht 738 *nderson eApellers, end/dri$e, latest +odel, for
the price of P30,000, to be paid on deli$ery% It )as understood
that these eApellers )ouufactured in the ;nited StatesH and it )as
stipulated that ship+ent )ould be +ade fro+ the ;nited States in
the +onth of February or March of the e%
der to assure the pro+pt pay+ent of the price upon deli$ery, an
arrane+ent )as +ade bet)een Earden and the Philippine #ational .an=
)herebr bound itself to S+ith, .ell J &o% for the pay+ent of
the contract price, accordin to the ter+s of the follo)in letter
dated *pril 2, 1913, )hich )asessed by the ban= to the latter
fir+4
Messrs% SMITE, .
-
7/24/2019 credit 21016
7/7
ntiff@s sales +anaer, and one (% &% &o)per, )ho
acco+panied Earden on the +ission to et the order chaned% In
addition to this it appears that thee eApeller represents an
i+pro$e+ent o$er the end/dri$e and is of a ne)er typeH and upon the
occasion +entioned, Earden eAhibited to the +anaesrs% S+ith, .ell J
&o%, a cataloue fro+ the *nderson factory sho)in this fact, as
eAplanatory of his chane in the order%
uly 2, 1919, S+ith, .ell J &o% infor+ed both Earden and the
ban= that the eApellers had arri$ed% Shortly thereafter Earden,
ha$in eAa+ined thehinery in the plaintiff@s bodea, ad$ised the ban=
that the eApellers )ere not as ordered% ;pon this, the ban=
naturally refused to accept and pay for
hinery, and the plaintiff disposed of the+ to the best ad$antae
in the Manila +ar=et at a price )hich )as belo) the price at )hich
Earden had arethe+%
round upon )hich the defense is chiefly rested is that the
eApellers tendered by the plaintiff )ere Dside/dri$eD instead of
Dend/dri$eD eApellers, and port of this contention Earden )as
produced by the defendant as a )itness, and he denied that the
order for eApellers had been chaned upon hisuctions% *s )e ha$e
already stated, this contention is untenableH and )e do not
hesitate to find upon the proof before us that the order )as
chanedden@s reBuest% For the rest, it is sho)n that the eApellers
tendered by the plaintiff )ere ne) *nderson eApellers, in all
respect in first/class )or=in or
e liht of these facts the riht of the plaintiff to reco$er is
clear% The contract by )hich the ban= obliated itself is both in
for+ and effect an independerta=in on the part of the ban= directly
to the plaintiffH and inas+uch as the plaintiff had co+piled, or
offered to co+ply, )ith the ter+s of said contra= is bound by its
pro+ise to pay the purchase price% The consideration for this
pro+ise is to be found in the credit eAtended to Earden by the
plaintiffact that the plaintiff, relyin upon the ban=@s pro+ise,
has one to the eApense of brinin to these Islands the eApellers
)hich Earden had ordered%
undeniable that the contract sued on had its oriin and
eAplanation in the contract bet)een Earden and the plaintiff, and
the ban= of course obliate
y for the purpose of assurin the pay+ent of the purchase price
of the eApellers to the plaintiff% .ut this does not +a=e the ban=
subsidiary liable asrds the contract )hich is the sub>ect of
this suit% Its obliation to the plaintiff is direct and
independent% Moreo$er, the debt +ust be considered a liBu, in the
sense intended in article 132 of the &i$il &odeH and the
action is no) +aintainable by the plaintiff directly aainst the
ban= )ithout reard totion of Earden%
is point the thouht +ay possibly suested itself that if the $ie)
abo$e indicated is correct, and the ban= is to be considered
strictly in the liht of apendent pro+isor, a conseBuence )ould be
that Earden had no authority to chane the order fro+ end/dri$e to
side/dri$e eApellersH in other )ords= should be held to be obliated
accordin to the ter+s of the order as it stood )hen the ban=
entered into the underta=in )hich is the sub>ect of thn reard,
ho)e$er, to the situation as all parties understood it, )e are of
opinion that the act of Earden in chanin the order could not affect
the li
defendant ban=, especially since the specification in the ban=@s
letter calls for Dne)D *nderson eApellers and the chane +ade )as
rather in furtheraspecification than pre>udicial to it% The real
purpose of the ban=, as all parties )ere )ell a)are, )as to supply
its credit to enable Earden to obtain thellers ordered by hi+self,
and for his purpose, and it )ould tend to frustrate the intention
of the parties to hold that Earden had no authority to chanr to the
eAtent stated%
obser$e that in the second a+ended co+plaint of March 3, 1920,
)hich )as the first co+plaint in )hich the plaintiff sinified his
election to clai+
aes for breach of contract the da+aes are alleed to ha$e been in
the su+ of P26,??9%, upon )hich it is as=ed that interest be
allo)ed at thfro+ the date of this co+plaint% ;pon eAa+inin the
se$eral ite+s )hich o to co+pose the da+aes, as indicated in the
state+ent, ect / *rellano :a) Foundation
