This case has been cited 2 times or more.
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2014-08-06 |
DEL CASTILLO, J. |
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| Finally, on the matter of demand, while it has not been shown that the bank demanded the return of the funds, it has nevertheless been held that "[d]emand is not an element of the felony or a condition precedent to the filing of a criminal complaint for estafa. Indeed, the accused may be convicted of the felony under Article 315, paragraph 1(b) of the Revised Penal Code if the prosecution proved misappropriation or conversion by the accused of the money or property subject of the Information. In a prosecution for estafa, demand is not necessary where there is evidence of misappropriation or conversion."[54] Thus, strictly speaking, demand is not an element of the offense of estafa through abuse of confidence; even a verbal query satisfies the requirement.[55] Indeed, in several past rulings of the Court, demand was not even included as an element of the crime of estafa through abuse of confidence, or under paragraph 1(b).[56] | |||||
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2008-03-14 |
NACHURA, J. |
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| (b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property.[19] Specifically, the elements of estafa through misappropriation or conversion are: 1) that the money, goods or other personal property is received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to deliver or return the same; 2) that there be misappropriation or conversion of such money or property by the offender or denial on his part of such receipt; 3) that such misappropriation or conversion or denial is to the prejudice of another; and 4) that there is a demand made by the offended party on the offender.[20] | |||||