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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
August-1997 Jurisprudence                 

  • G.R. No. 112354 August 4, 1997 - LUVIMINO P. CASUELA v. OMBUDSMAN, ET AL.

  • G.R. No. 115903 August 4, 1997 - ROBERTO CORDENILLO v. EXECUTIVE SECRETARY, ET AL.

  • G.R. No. 106194 August 7, 1997 - SANTIAGO LAND DEVELOPMENT CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117188 August 7, 1997 - LOYOLA GRAND VILLAS HOMEOWNERS ASSN. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121275 August 7, 1997 - CENTRO ESCOLAR UNIVERSITY v. NLRC, ET AL.

  • G.R. No. 122391 August 7, 1997 - FELIPE L. LAODENIO v. COMELEC, ET AL.

  • Adm. Matter No. RTJ-95-1303 August 11, 1997 - GLADDY S. BERNABE v. SALVADOR A. MEMORACION

  • G.R. No. 95089 August 11, 1997 - PEOPLE OF THE PHIL. v. NICOMEDES FABRO

  • G.R. No. 97898 August 11, 1997 - FLORANTE F. MANACOP v. COURT OF APPEALS, ET AL.

  • G.R. No. 99355 August 11, 1997 - PEOPLE OF THE PHIL. v. DOMINGO S. SALAZAR, ET AL.

  • G.R. No. 108234 August 11, 1997 - PEOPLE OF THE PHIL. v. FIDEL RAGAY, ET AL.

  • G.R. No. 109617 August 11, 1997 - PEOPLE OF THE PHIL. v. FELIPE SION, ET AL.

  • G.R. No. 111824 August 11, 1997 - PEOPLE OF THE PHIL. v. ELIZA D. BAGUS

  • G.R. No. 120988 August 11, 1997 - PEOPLE OF THE PHIL. v. ROSEMARIE N. DE LA CRUZ

  • G.R. No. 121210 August 11, 1997 - PEOPLE OF THE PHIL. v. RIZAL SAGUCIO

  • G.R. No. 121983 August 11, 1997 - PEOPLE OF THE PHIL. v. JUANILLO BAXINELA

  • G.R. No. 123240 August 11, 1997 - STATE INVESTMENT HOUSE, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107307 August 11, 1997 - PNCC v. NLRC, ET AL.

  • G.R. No. 110129 August 12, 1997 - PEOPLE OF THE PHIL. v. EDELCIANO AMACA

  • G.R. No. 110397 August 14, 1997 - PEOPLE OF THE PHIL. v. ARMANDO A. BINAMIRA

  • G.R. Nos. 116307-10 August 14, 1997 - PEOPLE OF THE PHIL. v. RUFINO BACALTO, ET AL.

  • G.R. No. 127255 August 14, 1997 - JOKER P. ARROYO, ET AL. v. JOSE DE VENECIA, ET AL.

  • Adm. Matter No. P-96-1219 August 15, 1997 - COURT OF APPEALS v. MARCELO ESCALANTE

  • G.R. No. 121466 August 15, 1997 - PMI COLLEGES v. NLRC, ET AL.

  • G.R. Nos. 109645 & 112564 August 15, 1997 - ORTIGAS & CO. LTD. PARTNERSHIP v. TIRSO VELASCO, ET AL.

  • G.R. No. 110399 August 15, 1997 - SAN MIGUEL CORP. SUPERVISORS, ET AL. v. BIENVENIDO E. LAGUESMA, ET AL.

  • G.R. Nos. 111066-67 August 15, 1997 - PEOPLE OF THE PHIL. v. VILLAMOR ORDOÑA

  • G.R. No. 112180 August 15, 1997 - PEOPLE OF THE PHIL. v. MILDRED N. VILLAS

  • G.R. No. 115844 August 15, 1997 - CESAR G. VIOLA v. RAFAEL M. ALUNAN III, ET AL.

  • G.R. No. 117398 August 15, 1997 - PEOPLE OF THE PHIL. v. ANDRES DABBAY

  • G.R. No. 120064 August 15, 1997 - FERDINAND PALOMARES, ET AL. v. NLRC, ET AL.

  • G.R. No. 121377 August 15, 1997 - PEOPLE OF THE PHIL. v. JOSEPH GELERA, ET AL.

  • G.R. No. 123290 August 15, 1997 - AURORA DE LEON v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-97-1234 August 18, 1997 - CRISTETA ORFILA v. RONA S. QUIROZ

  • G.R. No. 95523 August 18, 1997 - REYNALDO R. GONZALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 119252 August 18, 1997 - COMMISSIONER OF INTERNAL REVENUE, ET AL. v. APOLINARIO B. SANTOS, ET AL.

  • G.R. No. 124520 August 18, 1997 - NILO CHA, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-96-1350 August 18, 1997 - OFFICE OF THE COURT ADMINISTRATOR v. DELIA H. PANGANIBAN

  • G.R. No. 95449 August 18, 1997 - PHILIPPINE-SINGAPORE TRANSPORT SERVICES, INC. v. NLRC, ET AL.

  • G.R. No. 98107 August 18, 1997 - BENJAMIN C. JUCO v. NLRC, ET AL.

  • G.R. No. 101832 August 18, 1997 - PEOPLE OF THE PHIL. v. JOSE O. TABALESMA

  • G.R. Nos. 113245-47 August 18, 1997 - PEOPLE OF THE PHIL. v. RICARDO DISIPULO, ET AL.

  • G.R. No. 115527 August 18, 1997 - ROSSELINI L. DE LA CRUZ, ET AL. v. NLRC, ET AL.

  • G.R. No. 117682 August 18, 1997 - PEOPLE OF THE PHIL. v. SILVINO SALARZA, JR.

  • G.R. No. 118815 August 18, 1997 - PEOPLE OF THE PHIL. v. ANITA MELGAR-MERCADER

  • G.R. No. 119288 August 18, 1997 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119368 August 18, 1997 - PEOPLE OF THE PHIL. v. MARCELINO ERARDO

  • G.R. No. 119696 August 18, 1997 - PEOPLE OF THE PHIL. v. RAZUL GUIAMIL, ET AL.

  • G.R. No. 120256 August 18, 1997 - HERMITO CABCABAN v. NLRC, ET AL.

  • G.R. No. 123276 August 18, 1997 - MARIO TIU, ET AL. v. NLRC, ET AL.

  • G.R. No. 108611 August 20, 1997 - PEOPLE OF THE PHIL. v. JOSE ASTO, ET AL.

  • Adm. Matter No. 93-9-1237-RTC August 21, 1997 - LOSS OF COURT EXHIBITS AT RTC, BR. 136, MAKATI CITY

  • Adm. Matter No. 96-11-402-RTC August 21, 1997 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE REGIONAL TRIAL COURT

  • Adm. Matter No. 97-2-12-MTC August 21, 1997 - ISSUANCE OF SUBPOENA TO PRISONER NICANOR DE GUZMAN, JR.

  • G.R. No. 94723 August 21, 1997 - KAREN E. SALVACION, ET AL. v. CENTRAL BANK OF THE PHIL., ET AL.

  • G.R. No. 96176 August 21, 1997 - PEOPLE OF THE PHIL. v. ZENAIDA ISLA

  • G.R. No. 110249 August 21, 1997 - ALFREDO TANO, ET AL. v. SALVADOR P. SOCRATES, ET AL.

  • G.R. No. 101829 August 21, 1997 - PEOPLE OF THE PHIL. v. BONIFACIO ZAMORA

  • G.R. No. 102018 August 21, 1997 - PEOPLE OF THE PHIL. v. JERRY GABAYRON

  • G.R. No. 103959 August 21, 1997 - REGALADO SANTIAGO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 108183-85 August 21, 1997 - PEOPLE OF THE PHIL. v. DIONE PALOMAR, ET AL.

  • G.R. No. 112513 August 21, 1997 - EDGAR R. DEL CASTILLO v. CSC, ET AL.

  • G.R. No. 113032 August 21, 1997 - WESTERN INSTITUTE OF TECHNOLOGY INC., ET AL. v. RICARDO T. SALAS, ET AL.

  • G.R. No. 116294 August 21, 1997 - PEOPLE OF THE PHIL. v. ANTONIO CHAVEZ

  • G.R. Nos. 116602-03 August 21, 1997 - CARMELITA SARAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 120691 August 21, 1997 - BIONIC HEAVY EQUIPMENTS, ET AL. v. NLRC, ET AL.

  • G.R. No. 123053 August 21, 1997 - PEOPLE OF THE PHIL. v. LEONARDO L. CARIZO, ET AL.

  • G.R. No. 123492 August 21, 1997 - DANILO A. YAP v. NLRC, ET AL.

  • G.R. No. 126749 August 21, 1997 - ERIBERTO M. SUSON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127896 August 21, 1997 - ADRIANO A. ARELLANO, JR. v. NLRC, ET AL.

  • G.R. No. 109578 August 27, 1997 - PEOPLE OF THE PHIL. v. RONALDO FABRO, ET AL.

  • G.R. No. 97642 August 29, 1997 - AVON INSURANCE PLC, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123581 August 29, 1997 - RODRIGO B. BANGAYAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115581 August 29, 1997 - PEOPLE OF THE PHIL. v. VACITA LATURA JONES

  • G.R. Nos. 116744-47 August 29, 1997 - PEOPLE OF THE PHIL. v. BERNARDO PANES, ET AL.

  • G.R. No. 119332 August 29, 1997 - PEOPLE OF THE PHIL. v. JACK V. SORREL

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    G.R. Nos. 116602-03   August 21, 1997 - CARMELITA SARAO v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. Nos. 116602-03. August 21, 1997.]

    CARMELITA SARAO, Petitioner, v. COURT OF APPEALS, PEOPLE OF THE PHILIPPINES and KIM DEL PILAR, Respondents.


    D E C I S I O N


    BELLOSILLO, J.:


    On 10 September 1987 petitioner Carmelita Sarao was charged before the Regional Trial Court of Imus, Cavite, with violation of B.P. 22 allegedly committed on 15 June 1986 when a check she issued to private respondent Kim del Pilar was dishonored for having been drawn against insufficient funds, and that despite receipt of notice of such dishonor she failed to settle her obligation. 1

    On 27 October 1987 petitioner was also charged before the same trial court with estafa under par. 1 (b), Art. 315, of the Revised Penal Code allegedly committed on 12 May 1986 when she allegedly received from private respondent Kim del Pilar pieces of jewelry to be sold on commission basis; if unsold, she was bound to return them to private respondent on or before 19 May 1986. However, instead of complying with her undertaking, she misappropriated the pieces of jewelry or the proceeds thereof. 2 cdti

    The evidence for the prosecution established that sometime in the early part of April 1986 petitioner met respondent Kim del Pilar in the jewelry shop of a certain Natividad Ramos. In that meeting petitioner and respondent Kim del Pilar agreed to enter into transactions involving the sale of jewelry. Before the month ended, they have entered into two (2) of such transactions.

    On 12 May 1986 petitioner and respondent Kim del Pilar entered into a third transaction wherein Kim del Pilar entrusted to petitioner eight (8) pieces of jewelry owned by a certain Azucena Enriquez valued at P301,500.00 to be sold on commission basis, otherwise, petitioner would return them on or before 19 May 1986. In exchange, petitioner entrusted to respondent del Pilar TCT No. 90915 covering a parcel of land situated in Las Piñas. Thereafter the items were sold to Victoria Vallarta who issued for the purpose two (2) checks for P214,000.00. However, when presented for payment the checks were dishonored for insufficiency of funds, prompting petitioner to file two (2) criminal cases charges against Vallarta. Consequently, petitioner failed to pay either respondent del Pilar or Enriquez for the value of the jewelry.

    Thereafter petitioner issued to respondent del Pilar Philbanking Check No. 148526, undated, in the amount of P214,000.00 as partial payment of her obligation and handed the check over to Enriquez. On 15 June 1986, Enriquez with petitioner’s consent, dated the check. However, when presented for payment, it was dishonored for insufficiency of funds and notwithstanding receipt of notice of such dishonor petitioner failed to settle her obligation. Thus respondent del Pilar was left with no other recourse but to pay Enriquez in an amount equivalent to what appeared in the check.

    After the prosecution had rested its case, petitioner moved to dismiss on the ground that, among other things, there was no showing that she was authorized to sell subject pieces of jewelry on commission basis, rather, she bought them from respondent del Pilar. In other words, she was not guilty of misappropriation.

    On 22 January 1990 the trial court granted the motion 3 based on the findings that —

    . . . Carmelita Sarao cannot be criminally held liable for Estafa. Although it cannot be denied that she received the jewelries from the complainant, yet evidence is wanting to prove that she misappropriated or converted the amount of the jewelries for her own personal use. It is undeniably true that Carmelita Sarao was also a victim of circumstances as borne out by the records of Criminal Cases Nos. 741-87 and 752-87. 4

    Evidence unequivocally shows that said articles were sold to third persons and Carmelita Sarao became an unwilling victim of this day to day malady of bouncing checks, common in our business field. In short, to secure conviction, there must be proof of misappropriation or conversion (Concepcion v. People, 74 Phil. 63).

    Likewise, Accused Carmelita Sarao did not incur criminal liability under Batas Pambansa Blg. 22 for issuing Philbanking Check No. 148526. The mere fact that the check was issued undated and accepted by complainant will readily show that Carmelita Sarao has no sufficient funds in the bank at the time of its issuance. The Court is constrained to agree with accused’s contention that there was an agreement between her and the complainant that this undated check would not be encashed until payment is received from the buyers of the jewelries. 5

    In the same order however the trial court adjudged petitioner liable for the amount paid by respondent del Pilar to Enriquez with legal interest from 10 September 1987 until fully paid rationalizing that —

    . . . it being unquestionably proven that complainant Kim del Pilar paid the owner of the jewelries the amount of P214,000.00 from the loan she obtained from Noveleta Rural Bank, Noveleta, Cavite, it stands to reason that Carmelita Sarao should be civilly liable. 6

    Petitioner moved for reconsideration on the ground that her obligation to pay respondent del Pilar, as found by the trial court, would be due only upon collection from the buyer and that actually she had made advance payments on different dates.

    On 10 July 1990 the motion was denied. 7 The trial court was of the view that petitioner’s obligation to respondent del Pilar was direct and not dependent upon her collection of the proceeds of the sale from Vallarta and that the alleged payments in advance referred to other transactions.

    On 24 February 1994 respondent Court of Appeals affirmed the ruling of the trial court. 8 On 26 April 1994 the motion for reconsideration was denied. 9

    The core issue is whether the obligation of petitioner to turn over the proceeds of the sale to respondent del Pilar was already due and demandable?

    Petitioner argues that respondent court overlooked the finding of the trial court in its first order that the agreement between her and respondent del Pilar was that the check would not be encashed until payment was received from Vallarta, or that her obligation to turn over the proceeds of the sale to respondent del Pilar would be due only upon collection from Vallarta.

    There is no valid reason to overturn the rulings of both courts. Petitioner Sarao and respondent del Pilar may have so agreed, but the important consideration now is the following testimony of Enriquez which petitioner failed to rebut:chanrob1es virtual 1aw library

    Q. What happened afterwards, Madam Witness?

    A. Kim del Pilar gave me a check worth P214,000.00 as partial payment for the jewelry, sir.

    Q. Will you tell us Madam Witness who was the drawer of that check of P214,000.00?

    A. The drawer was Carmelita Sarao as appearing in the check, sir.

    Q. Tell us when was that check given to you by Mrs. del Pilar?

    A. First week of June, 1986, sir.

    Q. When the check was given to you during the first week of June 1996 was that dated already, Mrs. Witness?

    A. Not yet, open date(d), sir.

    Q. What did you do with the check if you did anything?

    A. I called up Mrs. Sarao on June 15 and told her that I will (sic) deposit the check. She told me to put the date June 15 on the check, sir.

    x       x       x


    Q. According to you Mrs. Sarao told you to date the check June 15, 1986. Would you tell us Madam Witness why Mrs. Sarao requested you to date the check June 15, 1986?

    A. According to her she has (sic) fund in the bank but when I encashed the check, she has no fund, sir. 10

    Apparently, Enriquez also gave petitioner some time within which to pay. However, when petitioner told Enriquez to date the check June 15, 1986, because she had no funds in the bank, it could be assumed that she had received payment from her buyer. She could no longer insist on the agreement because based on the same circumstance, when she told Enriquez that she had no funds in the bank on 15 June 1986, she thereby acknowledged that her obligation was already due and demandable. And since respondent del Pilar had paid P214,000.00 to Enriquez, petitioner should in turn pay the same amount to respondent del Pilar, with legal interest from 10 September 1987 until fully paid.

    Petitioner’s assigned error is evidently a factual issue which has been thoroughly passed upon and settled both by the trial court and respondent Court of Appeals, and the jurisdiction of this Court is limited only to reviewing errors of law unless there is a showing that the findings complained of are totally devoid of support in the record or that they are so glaringly erroneous as to constitute serious abuse of discretion. 11 There is no such showing in this case.

    WHEREFORE, the petition is DENIED. The decision and resolution of the Court of Appeals finding petitioner Carmelita Sarao liable to respondent Kim del Pilar in the amount of Two Hundred Fourteen Thousand Pesos (P214,000.00) with legal interest thereon from 10 September 1987 until fully paid are AFFIRMED. Costs against petitioner.chanrobles.com:cralaw:red

    SO ORDERED.

    Padilla, Vitug, Kapunan and Hermosisima, Jr., JJ., concur.

    Endnotes:



    1. Information, 14 August 1987; CA Rollo, p. 12.

    2. Information, 1 October 1987; Id., p. 13.

    3. Order issued by Judge Proceso P. Silangcruz, RTC-Br. 20, Imus, Cavite; CA Rollo, p. 53.

    4. Referring to those filed against Victoria Vallarta.

    5. CA Rollo, pp. 52-53.

    6. Id., p. 53.

    7. Order issued by Judge Lucenito N. Tagle, RTC-Br. 20, Imus, Cavite; CA Rollo, p. 55.

    8. Decision penned by Justice Cancio C. Garcia, concurred in by Justices Antonio M. Martinez and Ramon U. Mabutas Jr., Rollo, p. 114.

    9. CA Rollo, p. 123.

    10. TSN, 21 June 1988, pp. 15-16.

    11. Meneses v. Court of Appeals, G.R. No. 82220, 14 July 1995, 246 SCRA 162.

    G.R. Nos. 116602-03   August 21, 1997 - CARMELITA SARAO v. COURT OF APPEALS, ET AL.


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