Galvez vs.

Court of Appeals (42 SCRA 278)

● Doctrine
Estafa on the misappropriation or conversion of trust or confidence is an essential element for estafa to
constitute as per Art. 315, sub. 2 (b).

● Facts
In 1959, Petitioner, Galvez and Defendant Camara entered into an exchange deal for the car of Camara
spouses after multiple arrangements. The defendant, however, requested for the estimated tax and duties
that they need to fulfill to settle the documents before the acquisition of the vehicle, in which the
petitioner offered his service for PHP 2,000.00 to settle all liabilities by application of backpay. After the
Camara spouses paid PHP 2,000.00, they found out that such liabilities didn’t exist and when the
petitioner is asked to return the money, he is unable to do so because it was already appropriated.

● Issue/s
Whether or not the petitioner is guilty of estafa.

● Ruling
Yes, the petitioner is guilty of estafa beyond reasonable doubt and that he was not denied the right to be
heard. According to the Supreme Court, misappropriation or conversion of the established trust by both
parties is an essential element for estada to concur. In this case, provided that the petitioner
misappropriated the established trust, the essential element of estafa is existing.