Estafa committed with abuse of confidence - G.R. No. 170964

G.R. No. 170964

"x x x.

The offense of estafa committed with abuse of confidence has the following elements under Article 315, paragraph 1(b) of the Revised Penal Code, as amended:

(a)        that money, goods or other personal property is 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[;]

(b)        that there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt[;]

(c)        that such misappropriation or conversion or denial is to the prejudice of another; and

(d)       there is demand by the offended party to the offender.[20]

We find that all the above elements are present in the present case, having been established by the prosecution’s evidence and by the petitioner’s own admissions.  Thefirst element was established by the evidence showing that the petitioner received various sums of money from the private complainants to be held in trust for them under the Paluwagan operation. The petitioner admitted that she was under obligation, at a fixed date, to account for and to deliver the Paluwagan funds to the private complainants in the sequential order agreed upon among them. The second element was established by the evidence that the petitioner failed to account for and to deliver thePaluwagan funds to the private complainants on the agreed time of delivery. The third and fourth elements of the offense were proven by evidence showing that the petitioner failed to account for and to deliver the Paluwagan funds to the private complainants despite several demands made upon her by the private complainants. Each of the private complainants testified as to how they were prejudiced when they failed to receive their allotted Paluwagan funds.

Given the totality of evidence, we uphold the conviction of the petitioner of the crime charged. 

 x x x."