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Gamboa vs. Court of Appeals

JOSE L. GAMBOA and UNITS OPTICAL SUPPLY COMPANY, petitioners, vs. COURT OF APPEALS and BENJAMIN LU HAYCO, respondents.

G.R. No. L-41054 | 1975-11-28

D E C I S I O N

MARTIN, J:

This is a petition to review on certiorari the judgment of the respondent Court of Appeals in CA-G.R. No. SP-03877, promulgated on July 17, 1975, which We treat as special civil action (SC Resolution of September 2, 1975), involving the proper appreciation of the rule on plurality of crimes, otherwise known as "concursus delictuorum", and the theory of "continuous crime".

The private respondent Benjamin Lu Hayco was a former employee of petitioner company in its optical supply business at Sta. Cruz, Manila. On January 5, 1973, one hundred twenty-four (124) complaints of estafa under Article 315,...