REYES Book1

Page 755

Theft is qualified:

-if the thef is committed by a domestic servant

-if the theft is committed with grave abuse of confidence

-if the property sotle is

A. Motor vehicle

B. Mail matter,

C. Large cattle

Theft by domestic servant is always qualified.

When the offender is a public servant, It is not necessary to show that he committed the crime with
grave abuse of confidence.

The abuse of confidence must be grave.

There must be allegation in the information and proof of relation between the accused and the
offended party, by reason of dependence, guardianship or vigilance, between the accused ant he
offended party, that has create a high degree of confidence between them, which the accused
abused. People vs. Koc Song, 63 Phil. 369i

Where the accused was permitted to sleep in the house of the offended party out of charity , stole the
latter’s money in that house constitutes abuse of confidence.

Mariano v People. , 68 Phil. 724

Page 780

Elements of estafa in general

1. That the accused defrauded another (a) by abuse of confidence, or (b) by means of deceit; and

2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third
person

Page 784

Elements of estafa with abuse of confidence under subdivision No. 1 paragraph (b) of Article 315:

1
LUIS B. REYES, THE REVISED PENAL CODE CRIMINAL LAW, 755 (2012).
1. That 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;

2. That there be misappropriation or conversion of such money or property by the offender, or denial
on his part of such receipt;

3. That such misappropriation or conversion or denial is to the prejudice of another; and

4. That there is demand made by the offende party to the offender

Check is included in the the word “money “ since it is normally accepted , under commercial usage,as
a substitute for cash.

Page 785

If the offender takes the thing without the consent of the owner, the crime may be theft, not estafa.

When the thing is received by the offender from the offended party (1) in trust, (2) on commissin, or
(3) for administration, the offender acquires both material or physical possession and juridical
possession of the thing received

What is juridcal possession2

Juridical possession mean a possession which gives the transferee a right over the thing which the
transferee may set up even against the owner.

Page 786

An agent,unlike a servant or messenger, has both the physical and juridical possession of the goods
received in agency, or the proceed thereof which takes the place of the goods after their sale by the
agent. His duty to turn over the proceeds of the agency depends upon his discharge, as well as the
resul of the accounts between him and the principal; and he may set up his right of possession as
against that of the principal until the agency is terminated.

Guzman v. Court of Appeals, 99 Phil. 703 (1956). 3

In estafa with abuse of confidence under paragraph (b), subdivision No.1 of Article 315, the very same
thing received must be returned. If theres is an obligation to return it. If there is no obligation to
return the very same thing received, because ownership is transferred, there is only civil liability.

2
REYES, supra note 1, a 786.
3
Guzman v. Court of Appeals, 99 Phil. 703 (1956).
US. v. Figueroa, 22 Phil. 2704

United States v. Bleibel, 34 Phil. 227

But the failure to return or deliver the value of things given for sale on commission, after they have
once been received, does not constitute the crime of estafa, unless they have been sold and the
commission agent has misapplied or appropriated the value thereof. The delay in the fulfillment of a
trust or in the delivery of the sum received on such account only involves civil liability

Page 807

Estafa wih abuse of confidence distinguished from Theft

But a person who misappropriated the thing which he received from the offended party may be guilty
of theft , not estafa, if he acquired only the material or physical possession of the thing.

In theft, the offender takes the thing; in estafa, the offender receives the thing from the offended
party.

If in receiving the thing from the offfended party, the offender acquired also the the juridical
possession of the thing, and he later misappropriated it , he would be guilty of estafa.

U.S. v. Pascual 10 Phil 62

Where the accused appropriated the sum of P310 which had been entrusted to , and received by him
with the obligation of delivering it to a third person, the owner of the money did not expect the
immediate return of it to him, because what he expected upon its delivery to the accused was that
the latter would deliver it to the third person. The crime committed by the accused Is estafa. 5

REPUBLIC ACT NO. 93446 "Juvenile Justice and Welfare Act of 2006." April 28, 2006

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE
JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES.

SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time
of the commission of the offense shall be exempt from criminal liability. However, the child shall be
subjected to an intervention program pursuant to Section 20 of this Act.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention program, unless he/she has acted with

4
U.S. v. Figueroa, 22 Phil. 270 (1912).
5
U.S. v. Pascual, 10 Phil. 62 (1908).
6
An Act Establihing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile Justice and
Welfare Council Under the Department of Justice, Appropriating Funds Therefor and for Other Purposes [Juvenile
Justice and Welfare Act], Republic Act No. 9344, § 6 (2006).
discernment, in which case, such child shall be subjected6 to the appropriate proceedings in
accordance with this Act.

The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws.
i