Case Digest (G.R. No. 228704)
Facts:
Diosa Arrivas v. Manuela Bacotoc, G.R. No. 228704, December 02, 2020, Supreme Court First Division, Peralta, C.J., writing for the Court. Petitioner Diosa Arrivas (accused) was charged by information with Estafa under Article 315, paragraph 1(b) of the Revised Penal Code for allegedly receiving in trust a men’s diamond ring valued at P75,000.00 from private complainant Manuela Bacotoc (complainant) on July 23, 2003, agreeing to sell it and remit proceeds or return the ring within two days, but thereafter converting or misappropriating the property and failing to account or return it despite demand.Arrivas pleaded not guilty and trial followed before the Regional Trial Court (RTC), Iloilo City, Branch 31. The RTC (Decision dated September 7, 2010) found that the prosecution established the elements of estafa under Article 315(1)(b): the trust receipt signed by Arrivas, her failure to return the ring or remit proceeds within the agreed two days, the resulting prejudice to Bacotoc, and the demand made by Bacotoc. The RTC convicted Arrivas and sentenced her to an indeterminate penalty, ordering indemnity and attorney’s fees.
Arrivas appealed to the Court of Appeals (CA). In its Decision dated May 26, 2016 (CA-G.R. CR No. 01596), the CA affirmed the conviction with modifications to the penalty; its Resolution denying reconsideration was promulgated on September 30, 2016. Arrivas then filed a petition for review on certiorari under Rule 45 of the Rules of Court before the Supreme Court, attacking fa...(Pro-only)
Issues:
- Did the Court of Appeals err in refusing to treat the P20,000 partial payment as payment for the ring such that the trust was novated into a debtor-creditor relationship?
- Was there novation of the principal obligation of trust before the consummation of t...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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