United States v. Luis Pascual · G.R. L-4265

Petitioner: United States
Respondent: Luis Pascual
Citation: G.R. No. L-4265
Court: Supreme Court
Division: First Division
Ponente: Carson, J.
Decided: March 26, 1908

Whether 'deceit with intent to defraud' is an essential element for estafa under paragraph 5 of article 535 of the Penal Code

Summary

This 1908 Supreme Court case involved Luis Pascual's conviction for estafa under paragraph 5 of article 535 of the Penal Code for misappropriating P310 entrusted to him for delivery to a third person. The key legal issue was whether 'deceit with intent to defraud' is required for all types of estafa. The Supreme Court affirmed the conviction, establishing the important precedent that paragraph 5 estafa cases do not require proof of deceit in obtaining the property, only the subsequent misappropriation of voluntarily entrusted funds. The Court distinguished this 'abuse of confidence' type of estafa from other forms requiring initial deception, citing Spanish legal authorities to support that voluntary entrustment followed by misappropriation constitutes estafa without need to prove fraudulent procurement.

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Estafa in the Philippines (Art. 315, RPC)

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By Intellegal Editorial Board · March 26, 1908

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