Tubb vs. People (101 Phil.

114)

● Doctrine
Estafa is the misappropriation of funds as per Art. 315, par. 2 (a) of the RPC.

● Facts
Around August of 1947, the complainant, Quasha entrusted the accused, Tubb with a capital of PHP
6,000 that shall be exclusively used to purchase rattan to be resold in Manila from Southern Luzon. Tubb
was never seen until 1948 where Quasha met the accused at the Manila Hotel. When the accused was
asked where the capital went, Quasha was merely told that there was no use telling what happened. Tubb
was convicted with the crime of estafa as per Art. 315, sub. 1 (b) of the RPC and was sentenced to
imprisonment and the indemnification of the stolen PHP 6,000.

● Issue
W/n the accused is guilty of estafa under Art. 315, sub. 1 (b) of the RPC

● Ruling
No, the accused is not guilty of estafa under Art. 315, sub. 1 (b) of the RPC, but rather under Art. 315,
par. 2 (a) of the code. According to the latter provision, there is estafa by misappropriation of money
received by the offender in trust or on commission if there is a duty to make a delivery or to return the
same. In this case, there is a clear misappropriation of funds wherein the accused admitted to spending the
complainant’s money for his own personal benefit.