Criminal liability for estafa involving misappropriation of a 40-footer COMBO chassis worth P150,000
Summary
Eduardo Nueva was convicted of estafa under Article 315(1)(b) of the Revised Penal Code for misappropriating a 40-footer COMBO chassis worth P150,000 belonging to Montemar Customs Brokerage Corporation. The Regional Trial Court of Manila found him guilty and imposed an indeterminate sentence of 4 years, 2 months of prision correccional to 20 years of reclusion temporal, plus civil indemnity of P150,000 and temperate damages of P100,000. The Court of Appeals affirmed the conviction with modifications. The Supreme Court affirmed but modified the penalty to include interest on monetary awards, applying 12% interest on civil indemnity from information filing until June 30, 2013, then 6% thereafter, and 6% interest on temperate damages from finality until full satisfaction, consistent with recent jurisprudence on interest computation.
Focus of dispute
Criminal liability for estafa involving misappropriation of a 40-footer COMBO chassis worth P150,000
Legal facts
Eduardo M. Nueva was charged with estafa under Article 315, paragraph 1(b) of the Revised Penal Code for misappropriating a 40-footer COMBO chassis with Plate No. NZC-145 worth P150,000.00 belonging to private complainant Montemar Customs Brokerage Corporation. The information was filed on February 12, 2007. Nueva was found guilty beyond reasonable doubt and sentenced to an indeterminate penalty.
Judgement and reasoning
{"Court of Appeals": "Affirmed the conviction in Decision dated April 29, 2015 and Resolution dated September 14, 2015 in CA-G.R. CR No. 34347, with modifications to the penalty.", "Regional Trial Court of Manila Branch 7": "Found accused Eduardo M. Nueva guilty beyond reasonable doubt of the crime of Estafa defined and penalized under Article 315, paragraph 1(b) of the Revised Penal Code. Imposed indeterminate penalty of four (4) years, two (2) months of prision correccional as minimum, to twenty (20) years of reclusion temporal as maximum. Ordered civil indemnity of P150,000.00 and temperate damages of P100,000.00.", "Supreme Court Second Division": "Affirmed the conviction for failure to show any reversible error. Modified the penalty to include interest on monetary awards pursuant to Nacar v. Gallery Frames and People v. Villanueva. Civil indemnity of P150,000.00 shall earn 12% interest per annum from filing of information until June 30, 2013, then 6% from July 1, 2013 until full satisfaction. Temperate damages of P100,000.00 shall earn 6% interest from finality until full satisfaction."}