Ibanez v. People


Ibanez v. People

G.R. No. 198932

October 9, 2019


                On April 25, 2002, Atty. Pineda and his wife Honorata, gravely in need of money to pay off their loan from one Evelyn Cheney, and impressed by the accused expertise in real estate deals, engaged the latter’s services to sell their 3 hectares orchard at Baliok, Toril, Davao City for a price of 6M payable in 24 months.  Accused-appellants, deriving authority from the SPA and MOA, sold parts of the property to several buyers and collected payments but did not remit the same to Atty. Pineda. Angered, the latter sent letters to the vendees informing them that payment should be made to him being the landowner.


                Whether or not the accused-appellant is guilty


                No. The crime requires these elements: 1.) receipt of items in trust or under an obligation ot return them or the proceeds of an authorized transaction 2.) misappropriation, conversion for personal benefit or denial of such receipt 3.) entrustor or owner was prejudiced and 4.) demand was made by the offended party. The settle rule is that conviction can be handed down only if every element of the crime was alleged and proved. The State did not discharge its burden of proof if the evidence did not meet the test of moral certainty required for conviction. Thus, the Court must upholt the presumption of innocence in the petitioner’s favor and acquit him.


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