Facts:

This case revolves around Luz E. Balitaan, the petitioner, and Rita de los Reyes, the respondent. On April 11, 1973, an Information was filed against de los Reyes in the Municipal Court of Bauan, Batangas, charging her with estafa, alleging that between April 27, 1972, and June 1972, she misappropriated P127.58, which she collected from a business named Uniware, Inc. as payment for mended baby dresses. Luz E. Balitaan owned a baby dress mending shop where de los Reyes was employed and had management responsibilities. During the initial hearing on September 18, 1973, Balitaan testified about the delivery of checks from Uniware and attempted to establish that the amount involved, P127.58, was part of a larger sum paid via checks totaling P1,632.97.

Upon presenting her testimony, the defense attorney objected, arguing that the checks and cash voucher were not mentioned in the initial Information, creating a variance that rendered the evidence inadmissible. The Municipal Court denie

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Facts:

1. Background of the Case:

   • Luz E. Balitaan (petitioner) filed a criminal case for estafa against Rita de los Reyes (respondent) in the Municipal Court of Bauan, Batangas.
   • The Information alleged that Rita de los Reyes, an employee of Luz Balitaan, misappropriated P127.58, which she received in trust for Balitaan’s baby dress mending business.

2. Testimony of Luz Balitaan:

   • During the trial, Balitaan testified that Rita de los Reyes delivered baby dresses to Uniware, Inc., and received three checks totaling P1,632.97.
   • Balitaan claimed that Rita falsely represented that P127.58 from the checks was due to Cesar Dalangin, but Rita kept the amount for herself.

3. Objections by Rita de los Reyes:

   • Rita’s counsel objected to Balitaan’s testimony, arguing that it was at variance with the Information, which only mentioned P127.58 and did not reference the checks or the total amount of P1,632.97.
   • The Municipal Court overruled the objections, allowing Balitaan’s testimony to proceed.

4. Certiorari Petition to the Court of First Instance:

   • Rita de los Reyes filed a petition for certiorari in the Court of First Instance of Batangas, seeking to annul the Municipal Court’s orders overruling her objections.
   • The Court of First Instance granted the petition, ruling that Balitaan’s testimony was at variance with the Information and ordered the testimonies stricken from the record.

Issue:

1. Whether the Court of First Instance erred in granting the writ of certiorari to annul the orders of the Municipal Court.
2. Whether there was a variance between the allegations in the Information and the proof presented by Balitaan’s testimony.
3. Whether the Court of First Instance improperly decided the merits of the criminal case instead of limiting itself to the certiorari petition.

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Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Conclusion:

The Supreme Court reversed the decision of the Court of First Instance of Batangas, reinstating the testimonies of Luz Balitaan and affirming the Municipal Court’s rulings. The Court emphasized that the Information sufficiently charged estafa by abuse of confidence, and the testimony provided necessary context for the alleged misappropriation.