Petitioner
United States
Respondent
Nieves De Vera y Gayte
Citation
G.R. No. 16961
Court
Supreme Court
Division
Second Division
Ponente
Villamor, J.
Decided
September 19, 1921

Whether defendant committed theft or estafa when she failed to return a gold bar given for examination and money given for exchange

Summary

The Supreme Court affirmed defendant's conviction for theft of a gold bar and money belonging to Igorots. Defendant argued the crime was estafa since the property was voluntarily delivered for examination and exchange, not theft which requires taking without consent. The Court rejected this distinction, holding that when property is delivered for a specific legitimate purpose but is fraudulently converted by the recipient with intent of gain, it constitutes theft regardless of the initial voluntary delivery. The Court emphasized that delivery for examination did not transfer ownership or juridical possession, and the fraudulent conversion related back to make the original taking larcenous. This established important precedent distinguishing theft from estafa in cases involving property delivered for specific purposes.

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By Intellegal Editorial Board · September 19, 1921

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