Title
People vs. Gervacio
Case
G.R. No. L-7705
Decision Date
Dec 24, 1957
In the case of People v. Gervacio, the defendant is found guilty of estafa for misappropriating sweepstakes tickets and their value, and the Supreme Court affirms the judgment but modifies the penalty imposed.
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Case Digest (G.R. No. L-7705)

Facts:

  • Defendant: Miguel Gervacio
  • Defendant found guilty of estafa for misappropriating sweepstakes tickets and their value
  • Lower court sentenced defendant to six months and one day of prision correccional
  • Defendant ordered to indemnify the Philippine Charity Sweepstakes Office in the amount of P9,060
  • Subsidiary imprisonment imposed in case of insolvency

Issue:

  • (Unlock)

Ruling:

  • Supreme Court affirmed the judgment of the lower court but modified...(Unlock)

Ratio:

  1. Regarding the first issue, the Court rejected the argument that the case should be considered civil because the offended party accepted partial payment.
  • Misappropriating, misapplying, or converting the tickets or their value with unfaithfulness or abuse of confidence is an offense defined in the law (Article 315 1 (b), Revised Penal Code).
  • Acceptance of partial payment by the offended party does not extinguish criminal liability.
  • Criminal offense is committed against the People and the offended party cannot waive or extinguish the criminal liability imposed by law.
  1. Regarding the second issue, the Court acknowledged the argument that the penalty imposed may be too strict considering the decrease in the value of money since the fixing of the penalty in the Revised Penal Code in 1930.
  • Court clarified that it is not authorized to adjust penalties according to the changing value of the legal currency, as this falls within the province of the Legislature.
  • However, the penalty imposed by the trial court, six month...continue reading

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