Case Digest (G.R. No. 38618)
Facts:
The People of the Philippine Islands v. Sy Gesiong, G.R. No. 38618, September 15, 1934, the Supreme Court, Abad Santos, J., writing for the Court.
The case arose from an information filed in the Court of First Instance of Bohol charging Sy Gesiong with the crime of estafa for having allegedly concealed or otherwise disposed of certain personal property with intent to defraud his sureties/creditors. The trial court convicted the appellant of estafa and sentenced him to one year of presidio correccional, ordered him to indemnify Ignacio Molina and Vicente Gaviola in the sum of P2,997.76 with subsidiary imprisonment in case of insolvency, and taxed the costs. From that judgment the defendant appealed.
The information alleged that in or about August 1931 in Guindulman, Bohol, the accused, having bound himself to reimburse P3,792.76 in favor of the widow Julia Raices de Juan Cabello as administrator of an estate pursuant to a July 31, 1931 court decision, fraudulently and without his sureties' consent shipped and transferred for concealment all embargable goods then deposited in his warehouse and store — described by quantity and stated to be worth approximately P3,000. The prosecution proceeded on the theory that these allegations constituted the offense defined in the old Penal Code (art. 523) and in Article 314 of the Revised Penal Code (estafa by absconding with property to the prejudice of creditors).
At trial the prosecution produced evidence that the goods in question were shipped from Bohol to Cebu under circumstances it characterized as suspicious. The appellant admitted the shipment but testified that he acted as a commission or purchasing agent for a firm in Cebu. He also claimed he was not notified of the July 31, 1931 court order until August 15, 1931, by his attorney, and that he had other property then in his possession valued at about P4,600. The Court of First Instance nonetheless convicted.
On appeal to the Supreme Court (Rule 45 review by petition for review on certiorari is the mode in modern practice, but the record shows this was a direct appeal to the Supreme Court from the trial court's judgment), the Court considered five assignments of ...(Subscriber-Only)
Issues:
- Did the information allege all essential elements of the crime of estafa by absconding with property — in particular, that the alleged act resulted in prejudice to the creditors, as required by law?
- Was the evidence presented at trial sufficient to prove the appellant's guilt beyo...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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