G.R. No. 130423, 18 November 2002
FACTS:
During the period from July 1992 to September 1992, Leonida Quilatan delivered pieces of jewelry to petitioner Virgie Serona to be sold on commission basis. By oral agreement of the parties, petitioner shall remit payment or return the pieces of jewelry if not sold to Quilatan, both within 30 days from receipt of the items.
Upon failure of Virgie Serona to pay on September 24, 1992, Quilatan required her to execute an acknowledgment receipt.
Unknown to Quilatan, Serona had earlier entrusted the jewelry to one Marichu Labrador for the latter to sell on commission basis. Serona was not able to collect payment from Labrador, which caused her to likewise fail to pay her obligation to Quilatan.
ISSUES:
1. Whether or not that there was an abuse of confidence on the part of Serona in entrusting the subject jewelries to Labrador for sale on commission to prospective buyers.
2. Whether or not there was misappropriation or conversion on the part of Serona when she failed to return the subject jewelries to Quilatan
RULING:
The court granted the petition of Virgie Serona and ACQUITTED her of the crime of Estafa, but is held civilly liable in the amount of P424,750.00 as actual damages, plus legal interest, without subsidiary imprisonment in case of insolvency.
The court emphasize that an agent is not prohibited from appointing a sub-agent but does so without express authority is responsible for the acts of the sub-agent. Considering that the civil action for the recovery of civil liability arising from the offense is deemed instituted with the criminal action, Serona is but liable only to pay Quilatan the value of the unpaid pieces of jewelry.
*Case digest by Jelyn C. Ondong, JD – 4, Andres Bonifacio College, SY 2019 – 2020