Case Digest (G.R. No. L-29243)
Facts:
The People of the Philippines v. Prudencio Maglaya y Lim, G.R. No. L-29243. November 28, 1969, the Supreme Court En Banc, Concepcion, C.J., writing for the Court.Defendant-appellant Prudencio Maglaya y Lim was a commission salesman for Phoenix Manufacturing & Merchandising Corporation. Between October 1963 and February 21, 1964, Phoenix delivered a number of typewriters and adding machines to prospective customers for trial, the delivery receipts indicating the name of the commission agent who arranged the demonstration. The machines remained the property of Phoenix and were to be returned if the customers did not buy them.
The prosecution alleged that, without authority from Phoenix, appellant withdrew from prospective customers several machines that were not purchased and, instead of returning them to Phoenix, pawned them with various pawnshops. The information charged qualified theft, listing 13 machines with a total value of P13,390. Appellant was arrested; he gave a written statement admitting he had taken and pawned the machines, surrendered several pawn tickets, and some of the machines were recovered and returned to Phoenix.
At trial, the Court of First Instance of Manila found appellant guilty, characterized the offense as estafa (citing "Art. 308, par. (1) of the Revised Penal Code" in the decision) and imposed an indeterminate sentence whose maximum was within the range for estafa. Appellant appealed, contending he could not be convicted of estafa...(Subscriber-Only)
Issues:
- May appellant be convicted of estafa where the information charged qualified theft?
- Under the proved facts, does the offense committed constitute theft rather than estafa or qualified theft, and what is the pr...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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