[ G.R. No. L-1097, April 30, 1948 ]
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLANT, VS. EDUARDO JARQUE, DEFENDANT AND APPELLEE.
D E C I S I O N
CRIMINAL PROCEDURE; INFORMATION; DISMISSAL OF INFORMATION, APPEALED. The prosecution has appealed from an order of the Court of First Instance dismissing the information for estafa it had filed against the defendant, because the latter converted to
his own use "230 pieces of 50-peso Philippine National Bank Notes" which had been entrusted to his care in May 1943 by the offended party. Held: The appealed order is reversed and the case remanded to the court below for further proceedings. Conceding validity to the
alleged circulars of Colonel Fertig affecting currency in a locality de facto occupied by the Japanese Forces, the circulars are not conclusive against the People because they merely affected Philippine National Bank notes, series of 1920 (emphasis on the series),
and there is no allegation in the information that the bills delivered by the offended party to the defendant pertained to that particular series.