Soriano v. People Of The Philippines

JR., J.:

Before this Court is a petition for review on certiorari assailing the May 19, 2005 Decision1 and January 11, 2008 Resolution2 of the Court of Appeals (CA) in CA-G.R. CR No. 23108 insofar as it ordered petitioner to pay ₱74,807 plus interest to private complainant Consolacion R. Alagao. Petitioner Adelaida Soriano was charged with the crime of estafa on January 30, 1995 under an Information which reads as follows: That on September 9, 1994, at more or less 2:00 o'clock [sic] in the afternoon, and days thereafter, at Piaping Puti, Macabalan, Cagayan de Oro City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with intent to defraud and cause damage and prejudice by means of deceit, and false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud, did then and there wil[l]fully, unlawfully and feloniously represent and pretend to the offended party, Consolacion Alagao y Regala, who was then canvassing for buyers of her one (1) truck load of corn grits containing 398 sacks, that she (accused Adelaida Soriano) was engaged in the business of buying corn grits, among others from the public under the business style of A & R Soriano Trading, paying it in cash, with place of business located at Piaping Puti, Macab[a]lan, this City; that due to accused['s] representation, said offended party was persuaded and convinced to sell her own corn grits to the former, which cereals came all the way from Old Nungnungan, Don Carlos, Bukidnon; that after unloading said 398 sacks of corn grains in the establishment of said Adelaida Soriano, said accused did not pay offended party for the said goods delivered, but instead she let offended party to sign a Cash Voucher, making it appear thereat that offended party has received the sum of ₱85,607.00, when in truth and in fact accused has not paid the same; that inspite of that misrepresented entries in the Cash Voucher above-cited, the accused further directed to collect the same amount from a neighbor of the offended party in OId.Nungnungan, above-mentioned; that perplexed about the actions of Mrs. Adelaida Soriano, offended party proceeded to demand payment from her but the accused failed to pay her monetary obligation [to] the offended party as the accused and her business establishment disappeared from Piaping Puti, Macabalan, this City after the incident, and transferred to an unknown location; that she couId.not also get back the said 398 sacks of corn grits anymore because the accused had disposed of it already; thus misapplying, misappropriating and converting the said sum of ₱85,607.00 the value of 398 sacks of corn grits, to her own gain and benefit, to the damage and prejudice of the said offended party, in the aforestated sum of ₱85,607.00, Philippine currency.

Contrary to and in violation to Article 315, par. 2(a), of the Revised Penal Code, as amended.3 When arraigned, petitioner pleaded not guilty.4 During pre-trial, the following transpired: 1. Parties admitted that on September 9, 1993, private complainant Consolacion Alagao borrowed cash from the accused in the amount of ₱10,000, guaranteed by a titled land, owned by her daughter Evelyn Alagao; 2.

Parties also agreed that the aforesaid debt was fully paid with corn grains by the private complainant in February, 1994; 3. Parties also agreed that subsequent to this transaction, private complainant's daughter Evelyn Alagao executed a Contract of Loan secured by Real Estate Mortgage now marked Exh. "1"

for the defense, to secure the payment of ₱40,000.00 which private complainant admitted to have received ₱51,730.00 in the form of fertilizers and cash advances [:] Fertilizers & Pioneer corn seeds (Exh.

"A") ₱17,910.00 110 bags chicken dung (Chicken manure) 6,600.00 Hauling expense of th[e]se materials 1,570.00 Additional fertilizers (As shown in Exh. "B") 9,550.00 and several cash advances as follows: 2-7-94 ₱4,000.00 2-14-94 2,000.00 3-3-94 2,000.00 No date 100.00 5-1-94 2,000.00 5-6-94 2,000.00 7-19-94 500.00 7-20-94 500.00 (but which accused claimed [to be] ₱1,500.00) 9-10-94 3,000.00 16,100.00