Title
Paguirigan vs. People
Case
G.R. No. 255308
Decision Date
Feb 12, 2024
Ma. Anacleta Paguirigan was accused of estafa for misrepresenting her authority to sell real estate, but the Supreme Court acquitted her due to insufficient evidence against the elements of estafa.
estafa
false pretenses
fraud

Case Summary (G.R. No. 255308)

Factual Background

Petitioner introduced herself in 2008 to private complainant Elizabeth Delos Trinos as general manager of AJ Construction and Development Company and executed a contract to sell a lot in East Fairview, Quezon City, expressly stating that she represented owner-vendor Alfredo A. Rosanna. Elizabeth paid PHP 100,000 as initial payment but the sale did not materialize because the owner sold to another buyer. In 2009 the parties executed a second contract for a different lot; Elizabeth paid PHP 780,000 but the transaction again failed after her housing loan was denied. Elizabeth later demanded a refund of PHP 880,000, petitioner issued checks that subsequently bounced, and Elizabeth filed criminal complaints alleging estafa by false pretenses.

Charging Documents

On February 26, 2016, Elizabeth charged petitioner with two counts of estafa through false pretenses under Article 315(2)(a) RPC. The Informations alleged that petitioner, by false manifestation and fraudulent representations, induced Elizabeth to buy houses and lots by representing that she was a licensed developer engaged in real estate business and owner/general manager of AJ Const. & Dev't Co., and thereby obtained PHP 100,000 and PHP 780,000 which she misappropriated.

Trial Court Proceedings

Petitioner pleaded not guilty and testified that she was the registered general manager of AJ Construction and that she acted as representative of property owners in the transactions; she explained the first sale failed because the owner sold to another buyer and the second failed because Elizabeth’s loan was denied, and she agreed to return the funds but the checks she issued were deposited prematurely. The RTC convicted petitioner in Criminal Case No. 16-03867 for the first transaction, finding she falsely pretended ownership and ordered return of PHP 100,000. The RTC acquitted her in Criminal Case No. 16-03868 for failure to prove false pretenses but nevertheless found her civilly liable to return PHP 680,000, resulting in a civil liability totaling PHP 780,000.

Court of Appeals Ruling

The Court of Appeals affirmed the RTC conviction in Criminal Case No. 16-03867 but modified the penalty. The CA held that petitioner had misrepresented that she had the power and intent to effect transfer of the subject lot, presented documents and solicitations to induce Elizabeth, and concealed uncertainties about her authority to sell; the CA concluded that these misrepresentations constituted the deceit alleged and that the Information sufficiently apprised petitioner of the nature of the accusation.

Issues on Appeal to the Supreme Court

Petitioner raised her constitutional right to be fully apprised of the charge against her and argued that the prosecution failed to establish the elements of estafa through false pretenses as alleged. The central legal question before the Supreme Court was whether the conviction rested on facts not alleged in the Information and, if so, whether such variance was material and prejudicial to petitioner’s right to be informed and to prepare her defense.

Parties' Contentions

Petitioner contended that the Information pleaded misrepresentation of her status as a licensed developer and manager, not that she falsely pretended to be the owner or had the authority to transfer title, and that the conviction therefore penalized acts not charged. The People of the Philippines, through the Office of the Solicitor General, maintained that the RTC and CA correctly convicted petitioner and that the offense proved was included in the offense charged such that petitioner’s right to be informed was not violated.

Supreme Court’s Analysis on Notice and Variance

The Court reiterated that the accused’s constitutional right to be informed requires the information to set out every element and the acts constituting the offense so the accused can prepare a defense, citing Rule 110, sec. 8 and related jurisprudence. The Court found a critical conflict between the facts pleaded in the Information — that petitioner represented herself as a licensed developer engaged in real estate business and owner/general manager of AJ Construction — and the factual basis of the conviction, which rested on findings that she falsely pretended to own the property and had the power to transfer it. The Supreme Court held that this discrepancy was not a variance of the kind cured by Rule 120, Sections 4 and 5, because the difference concerned the specific acts constitutive of the deceit rather than a lesser or necessarily included statutory offense. Convicting petitioner on facts not alleged was prejudicial and denied her the constitutional notice required.

Supreme Court’s Analysis on Proof of Estafa

Independently of the variance issue, the Court evaluated whether the prosecution proved the elements of estafa through false pretenses or fraudulent acts under Article 315(2)(a) RPC beyond reasonable doubt: (1) use of fictitious name or false pretense of power, influence, qualifications, property, agency, business, or similar deceits; (2) that the deceit was used prior to or simultaneous with the execution of the fraud; (3) reliance by the offended party; and (4) damage. The Court found the evidence insufficient. Petitioner established that she was a registered general manager of a construction company, the contract to sell expressly identified the owner, Elizabeth continued to transact and even executed a second contract, and Eli

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