- Petitioner
- Leonida C. Quinto
- Respondent
- People
- Citation
- G.R. No. 126712
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Vitug, J.
- Decided
- April 14, 1999
Estafa prosecution for misappropriation of jewelry received in trust for sale on commission basis
Summary
This criminal case involves Leonida Quinto's conviction for estafa under Article 315 of the Revised Penal Code for misappropriating jewelry worth P36,000.00 received in trust for sale on commission. Quinto received three pieces of jewelry from Aurelia Cariaga on March 23, 1977, with obligation to return proceeds or jewelry within five days. After failing to return the items for six months despite extensions and demands, she was charged with estafa. The Supreme Court rejected her novation defense, ruling that mere acceptance of payments from third-party buyers without clear agreement to release the original debtor does not constitute extinctive novation. The Court affirmed the conviction but modified the penalty to an indeterminate sentence of 2 years, 8 months and 1 day of prision correccional to 7 years and 1 day of prision mayor, plus civil liability of P36,000.00. The decision clarifies important principles on novation in criminal law and proper penalty computation under the Indeterminate Sentence Law.