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Ibanez vs. People

DANILO S. IBANEZ, PETITIONER, VS. PEOPLE OF THE PHILIPINES, RESPONDENT.

G.R. No. 198932 | 2019-10-09

D E C I S I O N
 
BERSAMIN, C.J.:
 
The offense of estafa as defined and penalized under Article 315, paragraph 1(b) of the Revised Penal Code requires misappropriation or conversion of money. Absent any evidence proving misappropriation or conversion, the accused cannot be justly convicted of said crime.

Also, the estafa charged herein requires breach of trust and confidence as an indispensable element. It is not committed if the transaction is a sale by which the ownership of the thing sold transfers to the accused as the vendee even if the vendor is not paid the proceeds in full by the vendee. The...