Case Digest (G.R. No. 47804)
Facts:
- Juan Castillo (alias Juan de Castillo) was convicted of estafa by the Court of First Instance of Nueva Ecija.
- The conviction was based on Article 316, paragraph 6, of the Revised Penal Code, resulting in a sentence of 2 months and 1 day of arresto mayor.
- The events occurred during the intestate proceedings of the deceased Juan Castillo in civil case No. 6463.
- The petitioner executed a bond for P1,000.00 as a surety for the appointed administrator.
- He presented Transfer Certificate of Title No. 9683, which was issued in his name for a parcel of land.
- Before the bond was canceled and without judicial permission, he sold the land to Felipe V. Estrella for P450.00.
- The petitioner contended that the property sold was not specifically pledged in the bond and that there was no evidence of actual damage from the sale.
Issue:
- (Unlock)
Ruling:
- The court ruled that the petitioner was guilty of estafa, affirming that selling the property violated his obligations as a surety.
- The absence of actual damage did not negate the con...(Unlock)
Ratio:
- The court reasoned that by presenting the Transfer Certificate of Title, the petitioner guaranteed his obligation as a surety with the land described in the title.
- He could not dispose of the property without court permission before the bond's cancellation, as this would undermine the legal framework...continue reading
Case Digest (G.R. No. 47804)
Facts:
The case involves Juan Castillo (alias Juan de Castillo), the petitioner, who was convicted of estafa by the Court of First Instance of Nueva Ecija. The conviction was based on Article 316, paragraph 6, of the Revised Penal Code, and he was sentenced to 2 months and 1 day of arresto mayor. The events leading to the conviction occurred during the intestate proceedings of the deceased Juan Castillo, specifically in civil case No. 6463 in the same court. As part of the proceedings, the petitioner executed a bond amounting to P1,000.00, serving as one of the sureties for the appointed administrator. To qualify as a surety, he presented Transfer Certificate of Title No. 9683, which was issued in his name and pertained to a parcel of land. However, before the bond was canceled and without obtaining judicial permission, he sold the land to Felipe V. Estrella for P450.00. The petitioner raised two main contentions: first, that the property sold was not specifically pledged in the bond, and therefore, he could not be convicted under the relevant provision of the Revised Penal Code; and second, that there was no evidence of actual damage resulting from the sale, which he argued was neces...