Scribd Logo
Upload

Welcome to Scribd!

  • 112 views

    San Diego Vs People

    Uploaded by

    Aly Rz
    San Diego, an accountant and cashier for a cooperative, was charged with qualified theft for discrepancies found in the cooperative's cash balances. She argued the proper charge should be estafa through abuse of confidence. The Supreme Court ruled estafa did not apply because one element is that the offender must acquire juridical possession of money or property, meaning the right to retain it. As a teller, San Diego was a mere custodian without autonomous right to retain funds. Her possession was akin to a bank teller. Therefore, the lower courts correctly found her guilty of qualified theft, not estafa, as she did not have juridical possession required for the latter crime.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content

    You might also like

    San Diego Vs People

    Uploaded by

    Aly Rz
    112 views2 pages
    San Diego, an accountant and cashier for a cooperative, was charged with qualified theft for discrepancies found in the cooperative's cash balances. She argued the proper charge should be estafa through abuse of confidence. The Supreme Court ruled estafa did not apply because one element is that the offender must acquire juridical possession of money or property, meaning the right to retain it. As a teller, San Diego was a mere custodian without autonomous right to retain funds. Her possession was akin to a bank teller. Therefore, the lower courts correctly found her guilty of qualified theft, not estafa, as she did not have juridical possession required for the latter crime.

    Original Description:

    G.R. No. 176114

    Original Title

    San Diego vs People

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    San Diego, an accountant and cashier for a cooperative, was charged with qualified theft for discrepancies found in the cooperative's cash balances. She argued the proper charge should be estafa through abuse of confidence. The Supreme Court ruled estafa did not apply because one element is that the offender must acquire juridical possession of money or property, meaning the right to retain it. As a teller, San Diego was a mere custodian without autonomous right to retain funds. Her possession was akin to a bank teller. Therefore, the lower courts correctly found her guilty of qualified theft, not estafa, as she did not have juridical possession required for the latter crime.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    112 views2 pages

    San Diego Vs People

    Uploaded by

    Aly Rz
    San Diego, an accountant and cashier for a cooperative, was charged with qualified theft for discrepancies found in the cooperative's cash balances. She argued the proper charge should be estafa through abuse of confidence. The Supreme Court ruled estafa did not apply because one element is that the offender must acquire juridical possession of money or property, meaning the right to retain it. As a teller, San Diego was a mere custodian without autonomous right to retain funds. Her possession was akin to a bank teller. Therefore, the lower courts correctly found her guilty of qualified theft, not estafa, as she did not have juridical possession required for the latter crime.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    JURIDICAL POSSESSION IS NEEDED IN ESTAFA WITH ABUSE

    OF CONFIDENCE
    San Diego vs People of the Philippines
    G.R. No. 176114; April 8, 2015
    Peralta, J.
    FACTS:
    In a Petition for Review before the Supreme Court, petitioner Grace
    San Diego (San Diego) seeks to reverse the Decision and Resolution
    of the Court of Appeals affirming with modification the Decision of
    the RTC, finding her guilty of qualified theft.
    Petitioner San Diego served as accountant, cashier and teller of
    Obando Fishermans Multi-Purpose Cooperative, Inc. As such, she
    had access to the books, cash vaults and bank deposits of the
    cooperative. A criminal complaint was charged against herein
    petitioner for preparing a certification containing a discrepancy in
    the total cash balance of the cooperative.
    Petitioner argues that from the proof adduced, the proper crime to
    be charged is estafa, not qualified theft.
    ISSUE:
    Will the taking of the money by an accountant/cashier/teller will fall
    under the crime of estafa with abuse of confidence?
    RULING:
    No, the crime committed is not estafa with abuse of confidence.
    One of the elements of estafa with abuse of confidence is that the
    money, goods or other personal property be received by the
    offender in trust, or on commission, or for administration, or under
    any other obligation involving the duty to make delivery of, or to
    return, the same. The offender acquires both material or physical
    possession and juridical possession when the offender receives the
    thing in trust or in commission or for administration. Juridical
    possession means a possession which gives the transferee a right
    over the thing transferred.
    In the present case, it was established in the trial that the petitioner
    never received the sum of money in trust, or on commission or for
    administration as the possession of the petitioner was akin to that of
    a receiving teller of funds received from third persons paid to the
    bank. A teller is a mere custodian or keeper of the funds received,
    and has no autonomous right to retain the money or goods
    received.

    Hence, the lower courts were correct in finding petitioner guilty of


    qualified theft.

    You might also like