People vs Sendaydiego, et. al. G.R. No.
L-33254 and 33253 January 20, 1978
FACTS
Accused Corpuz received from
complainant Tangcoy pieces of jewelry
with an obligation to sell the same and
remit the proceeds of the sale or to return
the same if not sold, after the expiration of
30 days.
The period expired without Corpuz
remitting anything to Tangcoy.
When Corpuz and Tangcoy met, Corpuz
promised that he will pay, but to no avail.
Tangcoy filed a case for estafa with abuse
of confidence against Corpuz.
Corpuz argued as follows:
a. The proof submitted by Tangcoy
(receipt) is inadmissible for being a mere
photocopy.
b. The information was defective because
the date when the jewelry should be
returned and the date when crime
occurred is different from the one testified
to by Tangcoy.
c. Fourth element of estafa or demand is
not proved.
d. Sole testimony of Tangcoy is not
sufficient for conviction
ISSUE RULING / HELD
W/N Can the court Yes. The established doctrine is that when a party failed to interpose a timely objection to evidence at the time they were offered in evidence, such objection shall be
admit as evidence considered as waived. Here, Corpuz never objected to the admissibility of the said evidence at the time it was identified, marked and testified upon in court by
a photocopy of Tangcoy. Corpuz also failed to raise an objection in his Comment to the prosecutions formal offer of evidence and even admitted having signed the said receipt.
document without
violating the best No. It is true that the gravamen of the crime of estafa with abuse of confidence under Article 315, paragraph 1, subparagraph (b) of the RPC is the appropriation or
evidence rule (only conversion of money or property received to the prejudice of the owner and that the time of occurrence is not a material ingredient of the crime. Hence, the exclusion
original of the period and the wrong date of the occurrence of the crime, as reflected in the Information, do not make the latter fatally defective. Further, the following
documents, as a satisfies the sufficiency of information:
general rule, is 1. The designation of the offense by the statute; 2. The acts or omissions complained of as constituting the offense; 3. The name of the offended party; and 4. The
admissible as approximate time of the commission of the offense, and the place wherein the offense was committed.
evidence)? The 4th element is satisfied. Even though the information indicates that the time of offense was committed on or about the 5th of July 1991, such is not fatal to the
prosecutions cause considering that Section 11 of the same Rule requires a statement of the precise time only when the same is a material ingredient of the
Is the date of offense.
occurrence of time
material in estafa What is the form of demand required in estafa with abuse of confidence?
cases with abuse Note first that the elements of estafa with abuse of confidence are as follows:
of confidence? (a) that money, goods or other personal property is received by the offender in trust, or on commission, or for administration, or under any other obligation involving
the duty to make delivery of, or to return the same; (b) that there be misappropriation or conversion of such money or property by the offender or denial on his part of
such receipt; (c) that such misappropriation or conversion or denial is to the prejudice of another; and (d) that there is a demand made by the offended party on the
offender. No specific type of proof is required to show that there was demand. Demand need not even be formal; it may be verbal. The specific word demand need
not even be used to show that it has indeed been made upon the person charged, since even a mere query as to the whereabouts of the money [in this case,
property], would be tantamount to a demand.
In Tubb v. People, where the complainant merely verbally inquired about the money entrusted to the accused, the query was tantamount to a demand.
May a sole witness be considered credible?
Yes. Note first that settled is the rule that in assessing the credibility of witnesses, SC gives great respect to the evaluation of the trial court for it had the unique
opportunity to observe the demeanor of witnesses and their deportment on the witness stand, an opportunity denied the appellate courts, which merely rely on the
records of the case.
The assessment by the trial court is even conclusive and binding if not tainted with arbitrariness or oversight of some fact or circumstance of weight and influence,
especially when such finding is affirmed by the CA. Truth is established not by the number of witnesses, but by the quality of their testimonies, for in determining the
value and credibility of evidence, the witnesses are to be weighed not numbered.
People vs Sendaydiego, et. al. G.R. No. L-33254 and 33253 January 20, 1978
People vs Sendaydiego, et. al. G.R. No. L-33254 and 33253 January 20, 1978