- Petitioner
- Belen Real
- Respondent
- People
- Citation
- G.R. No. 152065
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Azcuna, J.
- Decided
- January 29, 2008
Estafa (swindling) under Article 315, paragraph 1(b) of the Revised Penal Code involving failure to return entrusted jewelry or remit proceeds of sale
Summary
This criminal case involves estafa under Article 315, paragraph 1(b) of the Revised Penal Code. Petitioner Belen Real, a jewelry agent, received seven pieces of jewelry worth P371,500 from Benjamin Uy with the obligation to return them or remit proceeds within 10 days. When Real failed to comply despite demands, criminal charges were filed. All three court levels found her guilty, establishing that she received the jewelry in trust, misappropriated them by failing to account upon demand, and caused prejudice to the complainant. The Supreme Court affirmed the conviction but corrected the penalty to comply with the Indeterminate Sentence Law, imposing 4 years and 2 months to 20 years imprisonment. The case demonstrates the application of estafa laws and proper penalty computation under the Indeterminate Sentence Law.