Title
Sorongon vs. People
Case
G.R. No. 230669
Decision Date
Jun 16, 2021
Petitioner acquitted of Estafa as amicable settlement novated the contract, waiving ownership of the cement mixer, negating criminal liability.

Case Digest (G.R. No. 230669)
Expanded Legal Reasoning Model

Facts:

  • Charge and Trial
    • In July 2004, petitioner Rex Sorongon allegedly borrowed a cement mixer valued at ₱25,000.00 from Nelly Van der Bom under an express obligation to return it upon demand.
    • An Information was filed in January 2006 in RTC Branch 65, San Miguel, Jordan, Guimaras, charging him with Estafa under Article 315(1)(b) of the RPC.
    • Petitioner pleaded not guilty; trial on the merits ensued.
  • Prosecution Evidence
    • Nelly Van der Bom testified she lent the mixer after a water‐system project and sent demand letters when it was not returned.
    • Francisco Igpuara (mechanic), Arnaldo Marcasote and Daren Almarquez (employees) and Bernaros Gregorios (former owner) corroborated that petitioner borrowed the mixer and failed to return it.
  • Defense Evidence
    • Barangay Kagawad Rudy de la Torre testified that in March 2005 the parties settled amicably before the barangay, covering unpaid accounts—including the mixer—and agreed no further charges or counterclaims would be filed.
    • Petitioner denied borrowing the mixer, presented the amicable settlement to the NLRC in a labor case, and allowed deduction of the mixer’s value from his award.
  • Lower Court Rulings
    • RTC (July 25, 2011) convicted petitioner of Estafa under Art. 315(1)(b), sentencing him to prision correccional to prision mayor.
    • CA (October 25, 2016) affirmed: held a contract of commodatum existed, failure to return upon demand constituted misappropriation, and amicable settlement did not extinguish criminal liability.
    • CA Resolution (February 21, 2017) denied petitioner’s motion for reconsideration.

Issues:

  • Whether the lower courts erred in convicting petitioner of Estafa under Article 315(1)(b) of the RPC given the prior amicable settlement.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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