Fernando E. Ricafort v. Hon · G.R. L-9789

Petitioner: Fernando E. Ricafort
Respondent: Hon. Wenceslao L. Fernan
Citation: G.R. No. L-9789
Court: Supreme Court
Division: Second Division
Ponente: Felix, J.
Decided: May 25, 1957

Certiorari petition challenging dismissal of qualified theft information; whether alleged misappropriation constitutes theft or estafa

Summary

Fernando Ricafort sought certiorari to annul the dismissal of a qualified theft charge against his former sales agent Juanito Espero Jr., who allegedly misappropriated P1,426.17 in medicines and money between 1952-1953. The Court of First Instance dismissed the case, finding the acts constituted estafa rather than theft since Espero obtained juridical possession as a commission agent. The Supreme Court dismissed the certiorari petition, ruling that Ricafort lacked standing to appeal criminal dismissals, certiorari was improper since other remedies were available, and the lower court correctly distinguished between theft and estafa based on the nature of possession transferred.

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Estafa in the Philippines (Art. 315, RPC)

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By Intellegal Editorial Board · May 25, 1957

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