Case Digest (G.R. No. 17021)
Facts:
United States v. Isaac Dominguez, G.R. No. 17021, February 23, 1921, the Supreme Court, Villamor, J., writing for the Court.
The prosecution charged Isaac Dominguez, a salesman employed by Philippine Education Co., Inc., with estafa for having received P7.50 on January 19, 1920, the proceeds of the sale of five copies of Sams' "Practical Business Letters," which he was required to turn over to the company cashier but instead allegedly misappropriated for his personal use. The information alleged that Dominguez knew of his duty to deliver the money to the cashier but willfully converted it, to the prejudice of the company.
At trial the evidence showed that Dominguez made the sale and did not immediately deliver the P7.50 to the cashier. When later confronted, he gave inconsistent explanations: first that an unknown woman bought the books without paying; then he left the store to speak to a friend employed at the Pacific Mail Steamship Co. and sought to arrange that the friend would later corroborate having purchased books; he also told the store manager that he had used part of the money to buy postage stamps. Ultimately, after discovery of the shortfall, Dominguez delivered the P7.50 to the cashier.
The trial court found Dominguez guilty of consummated estafa and sentenced him to two months and one day of arresto mayor, with accessory penalties and costs. Dominguez appealed to the Supreme Court, assigning as error the conviction and...(Pro-only)
Issues:
- Did the facts establish a consummated offense of estafa or only frustrated estafa?
- If the offense was frustrated estafa, what disposition and penalty should be ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)