Title
Gamboa vs. Court of Appeals
Case
G.R. No. L-41054
Decision Date
Nov 28, 1975
Former employee accused of 75 separate acts of estafa by misappropriating company funds; Supreme Court ruled each act as distinct crimes, reversing appellate consolidation.

Case Summary (G.R. No. L-41054)

Procedural History

The petition arises from a decision made by the Court of Appeals in CA-G.R. No. SP-03877, which reversed the order of the City Court of Manila and granted Hayco's petition for prohibition concerning the prosecution of seventy-five cases of estafa.

Allegations of Estafa

On January 5, 1973, the Units Optical Supply Company filed 124 complaints of estafa against Hayco under Article 315, para. 1-b of the Revised Penal Code. These complaints involved allegations of misappropriation where Hayco was accused of collecting sums from customers, neglecting to account for those amounts, and depositing them into his own bank accounts.

Civil Actions and General Power of Attorney

Concurrently, Lu Chiong Sun, the owner of the optical supply company, filed a civil action against Hayco, accusing him of misleading Sun into signing a general power of attorney while Sun was incapacitated. This alleged fraud facilitated Hayco's unauthorized management of the company's financial accounts.

Initial Legal Proceedings

Hayco initiated a petition for prohibition, arguing the frivolous nature of the seventy-five criminal cases against him and claiming they arose from a unified criminal intent. The City Court dismissed his petition, asserting that the separate deposits and withdrawals were distinct acts leading to independent charges of estafa.

Court of Appeals Ruling

The Court of Appeals reversed the lower court's ruling, creating a precedent that the series of alleged acts constituted a singular crime of estafa due to a single intent to defraud. This interpretation was based on the notion that all the actions were part of an overarching scheme of deceit against the employer.

Analysis of Plurality of Crimes

The Supreme Court examined the principle of plurality of crimes as defined in Article 48 of the Revised Penal Code. It clarified the distinction between “real plurality” and “ideal plurality,” noting that “real plurality” involves distinctly separate criminal acts while “ideal plurality” concerns situations where a single act results in multiple infractions.

Definition of Continuous Crime

Additionally, it was noted that the concept of a “continuous crime” pertains to instances where there exist multiple acts stemming from a single criminal intent. The Court found that Hayco's separate instances of misappropriation did not reflect a unified intent across the time frame, thereby qualifying each act as independent.

Legal Interpretation of Estafa

Moreover, the Court clarified that in the context of estafa as asserted under Article 315, para. 1-b of the Revised Penal Code, the element of fraud wa

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