Facts:
Carlos B. Gonzales, the complainant, filed with the office of the City Fiscal of Manila a charge for
estafa against Librada S. Asis, the respondent, sometime after
November 17, 1964. The charge stemmed from a transaction in which Asis allegedly bought assorted plastic flowers and leaves from Gonzales on
October 27, 1964 for a total of
P10,172.00. Gonzales claimed the agreement was
C.O.D., with Asis paying
P2,000 cash and the balance
P8,172.00 by
EBC Check No. B.C. 907516; however, Asis later returned to ask that the check not be deposited because she had insufficient funds, and Gonzales allegedly agreed. Gonzales further alleged that he waited until
November 17, 1964 for Asis to make a partial payment by accepting
P5,556.00 as evidenced by a receipt, such that she had paid a total of
P7,556.00, leaving a balance of
P2,612.00. Asis, on the other hand, maintained that the parties agreed that items unsold could be returned and that she was ready and willing to return them, thereby negating criminal liability and indicating a
civil obligation rather than
estafa. During preliminary investigation, the prosecutor reported that the parties’ post-delivery conduct suggested
novation: Asis requested that the check not be encashed the following day, and Gonzales accepted partial payment and issued a receipt reflecting a changed arrangement to pay the balance later. The City Fiscal approved the recommendation to drop the complaint on the ground that the obligation was civil in nature, and Gonzales’s appeal to the
Secretary of Justice was denied. Gonzales then instituted an action for
mandamus in the Court of First Instance of Manila to compel the City Fiscal to file an information for estafa, but the trial court dismissed his petition, and the case proceeded by direct appeal.
Issues:
Whether mandamus lies to compel the City Fiscal of Manila to file an information for
estafa against Asis despite the City Fiscal’s determination during preliminary investigation that the matter involved only a civil obligation.
Ruling:
Ratio:
Doctrine: