Case Summary (G.R. No. 32455)
Facts of the Case
On March 13, 1929, Gervasio Santiago approached Jesus Pereira at Pereira's residence in Manila, claiming to be an agent of the Radium Ore Navigator Company. Santiago attempted to sell Pereira a filter, initially facing refusal, but eventually persuaded him to purchase the item by making exaggerated claims about his sales and offering a deal. Pereira, with only P20 on hand, issued a check for this amount, payable to "cash," which Santiago requested instead of his name. Santiago provided a receipt and promised to return the same day to deliver the filter.
Development of Events
Later that day, Santiago returned, requesting a recommendation for another sale but failed to fulfill his promise to deliver the filter. Pereira's suspicions led to him contacting the Radium Ore Navigator Company, where he learned that Santiago was not an employee. Subsequently, Pereira reported the incident to the police, submitted the receipt, and viewed a rogues' gallery, where he identified Santiago.
Legal Arguments
Santiago asserted that since the check was never presented for payment, no fraud had occurred. However, the court held that the mere possession of the check by Santiago, which prevented Pereira from accessing his funds, constituted sufficient temporary prejudice to establish the crime of estafa, as per relevant case law (U.S. vs. Goyenechea; U.S. vs. Malong).
Criminal History and Conviction
Santiago had a significant prior criminal record, with nine previous convictions for estafa, and he had completed a sentence in April 1927. The court was convinced beyond a reasonable doubt of his guilt based on Pereira's testimony and Santiago's extensive criminal history.
Applicable Law and Penalty
The crime of estafa is defined under Article 535, number 1, of the Penal Code, punishable under Article 534, number 1, as amended by Act No. 3244. Given Santiago's habitual criminal status due to multiple prior convictions, the penalty prescribed was
...continue readingCase Syllabus (G.R. No. 32455)
Case Overview
- This case involves an appeal by Gervasio Santiago against a judgment from the Court of First Instance of Manila.
- Santiago was convicted of the crime of estafa and sentenced to two years, four months, and one day of presidio correctional, along with an additional penalty of twenty-one years’ imprisonment as a habitual criminal.
Procedural History
- Gervasio Santiago appealed the conviction, claiming errors in the trial court's decision.
- The appeal raised two main allegations:
- Error in Conviction: The trial court erred in convicting Santiago based on the prosecution's evidence.
- Error in Acquittal: The trial court erred in not acquitting Santiago.
Facts of the Case
- On March 13, 1929, Santiago, using the alias R. R. Revilla, approached Jesus Pereira at Pereira's residence in Manila.
- Santiago falsely claimed to be an agent for the Radium Ore Ravigator Company, offering to sell a filter for P40.
- After initial refusal, Pereira agreed to buy the filter for P20, as Santiago indicated he needed to sell one more filter to win a prize of P500.
- Pereira issued check No. 394664 for P20, but at Santiago’s urging, he wrote “cash” instead of Santiago’s name on the check.
- Santiago provided a receipt (Exhibit A) and promised to return the same day with the