LUCES V. DAMOLE (ADMINISTRATIVE, CRIMINAL)

Also known as swindling, ESTAFA is committed by any person who shall defraud another by any of the means mentioned in the RPC. Specifically, the elements of estafa through misappropriation or conversion are (1) that the money, goods, or other personal property is received by the offender in trust, or on commission, or for administration, or under ant other obligation involving the duty to deliver or return the same; (2) that there be misappropriation or conversion of such money or property by the offender or denial on his part of such receipt; (3) that such misappropriation or conversion or denial is to the prejudice of another; and (4) that there is a demand made by the offended party on the offender.

As to the PO cards covered by Trust Receipt No. 4103, the prosecution sufficiently established that they were used by petitioner herself and her relatives as evidenced by the copies of the PO cards they actually used bearing their names. Although there was no prohibition for petitioner to use or for her relatives to purchase the PO cards, they should have paid the corresponding price, and petitioner should have remitted the proceeds to the private complainant. There being no adequate explanation why she personally used and allowed her relatives to use the cards, there is ample circumstantial evidence for estafa. Using the PO cards as owner is conversion.

The essence of estafa under Article 315 par. 1(b) is the appropriation or conversion of money or property received, to the prejudice of the owner. The words "convert" and "misappropriate" connote an act of using or disposing of another's property as if it were one's own, or of devoting it to a purpose or use different from that agreed upon. To misappropriate for one's own use includes not only conversion to one's personal advantage, but also every attempt to dispose of the property of another without a right.