Title
People vs Pascual
Case
G.R. No. L-4265
Decision Date
Mar 26, 1908
Luis Pascual convicted of estafa for misappropriating P310 entrusted to him; Supreme Court ruled deceit unnecessary under Article 535(5), affirming abuse of confidence as key.

Case Digest (G.R. No. L-4265)
Expanded Legal Reasoning Model

Facts:

  • Overview of the Case
    • The accused, Luis Pascual, was convicted of the crime of estafa under paragraph 5 of article 535 of the Penal Code.
    • The offense involved the misappropriation of money entrusted to him, with an obligation to deliver it to a third person.
  • Specific Facts Proven at Trial
    • It was proven beyond a reasonable doubt that the accused appropriated the sum of P310.
    • The money was entrusted to him, imposing on him the duty to deliver the said funds to a designated third party, thereby establishing the requisite relationship of trust.
  • Nature of the Misappropriation
    • The facts revolved around the voluntary entrustment of money to the accused without any wrongful conduct in obtaining it.
    • The act of appropriation was carried out subsequent to the legitimate receipt of the funds.
  • Contextual Background
    • The decision involved interpretation of the statutory element “deceit with intent to defraud” in estafa cases, particularly as it applies to the offense defined in paragraph 5 of article 535.
    • Reference was made to previous cases (U. S. vs. Mendezona and U. S. vs. Leano ami Gonzalez) to address the contention regarding the essential nature of deceit in estafa.

Issues:

  • Essential Element Controversy
    • Whether “deceit with intent to defraud” is an essential element in the particular class of estafa defined in paragraph 5 of article 535 of the Penal Code.
    • The appellant argued that the absence of deceit in procuring the funds should render his conviction erroneous.
  • Relevance of Precedent Cases
    • The reliance on decisions in U. S. vs. Mendezona and U. S. vs. Leano ami Gonzalez to support the claim that deceit is always necessary in estafa cases.
    • Whether these cases are applicable to the present case where the money was voluntarily entrusted to the accused.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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