This case has been cited 2 times or more.
|
2014-09-22 |
BRION, J. |
||||
| (a) that 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 make delivery of or to return the same[;] (b) that there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt[;] (c) that such misappropriation or conversion or denial is to the prejudice of another; and (d) there is demand by the offended party to the offender.[13] | |||||
|
2012-03-07 |
BRION, J. |
||||
| Misappropriation as an element of the offense of estafa connotes an act of using, or disposing of, another's property as if it were one's own, or of devoting it to a purpose or use different from that agreed upon.[16] We have previously held that the failure to account upon demand for funds or property held in trust without offering any satisfactory explanation for the inability to account is circumstantial evidence of misappropriation.[17] We have also held that the demand for the return of the thing delivered in trust and the failure of the accused to account are similarly circumstantial evidence that the courts can appreciate.[18] | |||||