Title
Diaz y Jaud vs. People
Case
G.R. No. 171121
Decision Date
Aug 26, 2008
Gina Diaz y Jaud is sentenced for estafa after misappropriating funds from a friend and ordered to indemnify the victim.
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Case Digest (G.R. No. 171121)

Facts:

  • The case involves Gina Diaz y Jaud (petitioner) and the People of the Philippines (respondent).
  • On May 13, 2002, the petitioner received Php 265,900.00 from Erwina Sanuele-Orallo (the private complainant) under a trust agreement, documented in a notarized "Certification."
  • The "Certification" required the petitioner to return the money upon demand.
  • The petitioner and complainant had a friendship and prior lending transactions without issues.
  • On May 30, 2002, the complainant demanded repayment, but the petitioner failed to return the money.
  • The complainant filed a criminal complaint for Estafa under Article 315 of the Revised Penal Code.
  • The Regional Trial Court (RTC) of Pasay City found the petitioner guilty of Estafa on December 11, 2003, sentencing her to an indeterminate penalty of six years of prision correccional as minimum to twenty years of reclusion temporal as maximum, and ordered her to indemnify the complainant Php 265,900.00.
  • The petitioner appealed to the Court of Appeals, which affirmed the RTC's ruling on September 29, 2005, and denied her motion for reconsideration on January 10, 2006.
  • The petitioner subsequently filed a Petition for Review on Certiorari before the Supreme Court.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court denied the petition and affirmed the decisions of the Court of Appeals and the RTC, finding the petitioner guilty of Estafa under paragraph 1(b), Article 315 of the Revised Penal Code.
  • The Court modified the mi...(Unlock)

Ratio:

  • The Supreme Court determined that the transaction was not merely a simple loan but a fiduciary relationship involving trust.
  • The "Certification" indicated that the money was received in trust and was to be returned upon demand.
  • The elements of Estafa were established: receipt of money in trust, misappropriation, and prejudice to the complainant.
  • The petitioner's failure to return the money upon demand and her acknowledgment of signing the "...continue reading

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