G.R. No. 210192 - Khitri vs. People

Petitioners Rosalinda S. Khitri and Fernando S. Khitri were charged with estafa under Article 315(1)(b) of the Revised Penal Code for allegedly receiving ₱400,000 in trust to build a factory building and misappropriating the funds.
The Regional Trial Court (RTC) of Las Piñas City convicted them on December 9, 2009; the Court of Appeals (CA) affirmed on June 27, 2013. The petitioners filed a petition for review on certiorari before the Supreme Court.

Around 1989–1991, private complainants Spouses Hiroshi and Belen Fukami agreed with the petitioners on an oral joint venture: the Fukamis to contribute ₱400,000 for construction of a two-storey garments factory on half of the petitioners’ lot in Cainta, Rizal; the petitioners to provide land and manage construction.
Instead of a two-storey factory, the petitioners erected a two-door studio-type apartment; one unit was designated for factory use. The Fukamis delivered five sewing machines, which were installed then withdrawn after two weeks for repairs.

Rosalinda and Fernando admitted receipt of ₱400,000 and presented a “Construction of Two-Unit Studio-type Apartments” plan; they claimed substantial compliance with the joint venture agreement.
The Fukamis testified to:

Handing over four checks (₱100,000 each) drawn on a joint Boston Bank account at their Las Piñas residence, later withdrawn by the petitioners’ messenger.
Discovering the apartment building instead of the agreed factory plan; sending demand letters (Dec. 13, 1999; Jan. 25, 2000) which went unanswered.

Petitioners contended lack of criminal intent, offered one apartment unit in partial settlement, and maintained communications did not cease.

Whether the RTC of Las Piñas City had territorial jurisdiction over the estafa case.
Whether the evidence proved beyond reasonable doubt the elements of estafa with abuse of confidence—particularly misappropriation, prejudice, and criminal intent.
Whether conspiracy between Rosalinda and Fernando Khitri was established.