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Lito Corpuz Vs. People of the Philippines [Dissenting Opinion, J. Abad]

LITO CORPUZ, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent. [Dissenting Opinion, J. Abad]

G.R. No. 180016 | 2014-04-29

EN BANC

 

DISSENTING OPINION


ABAD, J.:

 

The Court is apparently not prepared at this time to reexamine and change the existing practice of imposing the penalty for estafa based on the amount of the fraud committed in terms of the 1930 values of money and properties.


The Facts and the Case


On May 2, 1991 Danilo Tangcoy entrusted P98,000 worth of jewelry items to petitioner Lito Corpuz for the latter to sell on commission. If sold, Corpuz was to tum over the proceeds to Tangcoy and, if not, he was to return the items after 60 days. But Corpuz neither remitted the stated proceeds nor returned what he...