1. NG vs. PEOPLE, G.R. No.

173905, April 23, 2010

FACTS:

Anthony was engaged in the business of building and fabricating telecommunications towers. He applied for a
credit line with Asiatrust wherein Asiatrust will provide Anthony with goods to be used for his business. To approve
his loan application, Anthony was asked by Asiatrust to sign several documents including a Trust Receipt
Agreement.

Petitioner received the goods; however, he failed to pay his loan to Asiatrust. Thus, Asiatrust filed a case for Estafa
against Anthony for violating their Trust Receipt Agreement, which is to sell the goods and return the profits of the
sale, or to return the goods should he fail to sell them.

RATIO DECIDENDI:

In this case, the Supreme Court decided that Anthony Ng DID NOT commit Estafa.

First of all, it should be determined whether or not the agreement is a Trust Receipt Agreement. If it is, then
Anthony has the obligation to deliver the price of the sale if he has sold the goods, and if he was not able to do so,
then he should return the goods to Asiatrust. However, if their Agreement was not a Trust Receipt Agreement,
then Anthony is not under any obligation to return anything to Asiatrust, his only obligation is to pay the loan. The
Supreme Court said that the agreement was not a Trust Receipt. The goods received by Anthony were never
intended for sale, it was intended to be used for his business. Therefore, Anthony was not under any obligation