- Petitioner
- Macario Embuscado y Dayunot
- Respondent
- People
- Citation
- G.R. No. L-38984
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Paras, J.
- Decided
- November 24, 1989
Whether an accused charged with estafa can be convicted of the crime of theft; constitutional due process violation in variance between charge and…
Summary
Macario Embuscado, a tenant, was charged with estafa for harvesting and selling 320 mangoes without his landlord's consent. The City Court convicted him of estafa, but the Court of First Instance changed his conviction to theft on appeal. The Supreme Court reversed, holding that an accused cannot be convicted of a crime different from what was charged, as this violates constitutional due process rights. The Court reinstated the estafa conviction but modified the penalty to 3 months and 11 days of arresto mayor, emphasizing that theft is not included in the crime of estafa and that variance between charge and conviction denies the accused's right to be informed of the nature and cause of the accusation.