Maria C. Osorio vs.

People of the Philippines

G.R. No. 207711, July 2, 2018
THIRD DIVISION, LEONEN
OTHER DECEITS (ARTICLE 318)

Persons who receive money for investment in a particular company but

divert the same to another without the investor’s consent may be held
criminally liable for other deceits under Article 318 of the Revised Penal
Code.

Osorio was charged with estafa by means of deceit under Article 315,
par. 2(a) of the RPC. Osorio introduced herself as an agent of Philam
Life and offered to Gabriel insurance coverage. Enticed by the offer,
Gabriel tendered P 200,000 to Osorio, who in turn issued Philam Life
receipts.

Gabriel then discovered that her insurance policies had lapsed due to
non-payment with Philam Life. But she then received from PMIAM,
another insurance company, a letter thanking her for investing with
them.

Displeased, Gabriel asked for a refund. Osorio admitted that she is an

agent of both companies. Philam admitted that Osorio is their agent.
She defended that he diverted the money to PMIAM with the consent of
Gabriel since it offered a higher rate of return. Further, she did not
employ deceit in soliciting Gabriel’s funds.

DID OSORIO’S ACTS CONSTITUTE ESTAFA BY MEANS OF DECEIT?

NO. In estafa by means of deceit, the element of deceit consisting of the
false pretense or representation must be proven beyond reasonable
doubt. In this case, Osorio neither used fictitious name nor
misrepresented herself as an agent of Philam Life. Rather, Osorio was
authorized by Philam Life to solicit money for investment purposes

However, Osorio is criminally liable for other deceits under Article 318
of the RPC for misrepresenting to Gabriel that the latter’s money would
be invested in Philam Life. Article 318 of the RPC is intended as a catch-
all provision to cover all other kinds of deceits not falling under Article
315, 316, and 317 of the RPC. In this case, Osorio in soliciting money
from Gabriel, falsely represented that it would be invested in Philam
Life. This false representation induced Gabriel to part with her funds.