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People vs. Ben Cuevo

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. BEN CUEVO, defendant-appellee.

G.R. No. L-27607 | 1981-05-07

D E C I S I O N 

AQUINO, J: 

This case presents for reexamination the liability for estafa of the holder of a trust receipt who disposed of the goods covered thereby and, in violation of its terms, failed to deliver to the bank the proceeds of the sale as payment of the debt secured by the trust receipt. 

We say reexamination because it is a well-entrenched rule in our jurisprudence that the conversion by the importer of the goods covered by a trust receipt constitutes estafa through misappropriation under article 315(1)(b) of the Revised Penal Code (People vs. Yu Chai Ho, 53 Phil. 874 and Samo vs. People, 115 Phil. 346. As to...