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PEOPLE, et al. Vs. David G. Nitafan, et al.

PEOPLE OF THE PHILIPPINES, ( public petitioner) and ALLIED BANKING CORPORATION ( private petitioner), vs. HON. JUDGE DAVID G. NITAFAN ( public respondent) and BETTY SIA ANG (private respondent).

G.R. Nos. 81559-60 | 1992-04-06

D E C I S I O N


GUTIERREZ, JR., J.:

This petition for certiorari involves an issue that has been raised before this Court several times in the past. The petitioner, in effect, is asking for a re-examination of our decisions on the issue of whether or not an entrustee in a trust receipt agreement who fails to deliver the proceeds of the sale or to return the goods if not sold to the entruster-bank is liable for the crime of estafa.

Petitioner Allied Banking Corporation charged Betty Sia Ang with estafa in
Criminal Case No. 87-53501 in an information which alleged:

"That on or about July 18, 1980, in the City of Manila, Philippines, the...