Case Digest (G.R. No. L-14577)
Facts:
- The case involves The People of the Philippines vs. Andres C. Galsim, G.R. No. L-14577, decided on February 29, 1960.
- Andres C. Galsim was charged and convicted of estafa by the Court of First Instance of Manila.
- He was sentenced to two months and one day of arresto mayor, fined P2,500.00, ordered to indemnify the offended party the same amount, and mandated to serve subsidiary imprisonment in case of insolvency.
- The case stemmed from a loan transaction on September 4, 1953, where Galsim borrowed P2,500.00 from Maura Magno, agreeing to repay within five years.
- Galsim executed a deed of chattel mortgage on a two-story house in Manila, claiming it was free from liens or encumbrances.
- Magno later discovered that the property was already mortgaged to a third party, Dela Torre, when attempting to insure it.
- The register of deeds refused to register Magno's mortgage due to the existing first mortgage.
- Galsim acknowledged the loan and mortgage but denied wrongdoing, claiming no damage was suffered by Magno.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the lower court's decision, finding Galsim guilty of estafa.
- The court ruled that Galsim's false representation about the property being free from encumbrances constituted fraud, a critical element of estafa.
- It was determined that Magno suffered damage due t...(Unlock)
Ratio:
- The ruling was based on the principle that obtaining a loan through false pretenses constitutes estafa, especially when the victim relies on the misrepresentation.
- Galsim's claim that the property was free from liens was proven false, as it was already mortgaged to another party.
- The court emphasized that Magno's belief in the mortgage's validity was reasonable; had he know...continue reading
Case Digest (G.R. No. L-14577)
Facts:
In the case of The People of the Philippines vs. Andres C. Galsim, G.R. No. L-14577, decided on February 29, 1960, the defendant, Andres C. Galsim, was charged and subsequently convicted of estafa by the Court of First Instance of Manila. The court sentenced him to serve a penalty of two months and one day of arresto mayor, imposed a fine of P2,500.00, ordered him to indemnify the offended party in the same amount, and mandated subsidiary imprisonment in case of insolvency, along with the payment of costs. The case arose from a loan transaction that took place on September 4, 1953, when Galsim borrowed P2,500.00 from Maura Magno, agreeing to repay the amount within five years. To secure the loan, Galsim executed a deed of chattel mortgage on a two-story house located in Manila, asserting that the property was free from any liens or encumbrances. However, shortly after the transaction, Magno attempted to insure the mortgaged property and discovered that it had already been mortgaged to a third party, Dela Torre. Upon verifying this information with the register of deeds, Magno found that Galsim had not redeemed the first mortgage, which was still in effect. Consequently, the register of deeds refused to register the mortgage in favor of Magno. When Magno demanded the return of his loan, Galsim failed to comply. Galsim acknowledged r...