1.

People vs Campos
The complainant and the accused were partners in the farming of a 47-hectare land leased by
the complainant from one Jua:1
Alonzo for the agreed rental of 75 cavans of palay. When the palay had
been harvested from the land and was ready for threshing, the accused so informed the
complainant. The complainant sent his nephew, Manuel Matias, to observe the threshing with
specific instructions to give the share of the tenants and the partners' respective shares, and
then segregate the 75 cavans of palay for the rentals. After the division of the produce, tl).e
share of the complainant was deposited at the warehouse in Cabiao, while the share of
the accused was deposited in his house. Manuel Matias, as instructed by the complainant,
delivered the 75 cavans of palay set aside for the rentals (valued at P750) to the accused for the
purpose of delivering the same to the landowner, Juan Alonzo. Instead of making the delivery,
the accused misappropriated the 75 cavans of palay. Prosecuted for estafa, the accused raised
the defense that no accounting and liquidation had been effected between the partners and
that a balance of more than PI,OOO was still due him from the partnership. The appellate court
held that there was a liquidation of the partnership as far as the harvest in question was
concerned ; "for it is improbable that the shares of the partners were set aside, without taking
into account their obligations to each other; and it is not very likely also that the 75 cavans of
palay for the rentals were segregated without some sort of accounting. Granting for the
purposes of argument that the partnership had not been liquidated, still we hold that appellant
is responsible for estafa. The 75 cavanes of palay were segregated from the partnership, and
delivered to the appellant for the express purpose of delivering or paying the same to Alonzo.
The said palay no longer belonged to the partnership. Instead of complying with his duty, the
appellant converted and misappropriated the said goods to his own personal use and benefit. A
partner is guilty of estafa if he fraudulently appropriates partnership property delivered to him,
with specific directions to apply it to uses of the partnership."