People vs.

Jumawan (L-28060, February 27, 1970)

● Doctrine
For estafa to constitute, there must be the presence of a criminal intent and damage should be established
which prejudiced the offended party.

● Facts
The defendant, Jumawan, was working as the agent in the Monel Discount Center and Piamonte Bros on
a commission basis wherein he was tasked to collect an amount of receipt from the company. In July and
August of 1965, however, the defendant failed to turn over his collection of receipt because his
commission was due to him by Piamonte, the owner of the center and that the latter refused to pay the
defendant his commission.

● Issue
W/n the defendant is guilty of estafa

● Ruling
No, the defendant is not guilty of estafa. According to the Supreme Court, ror estafa to constitute, there
must be the presence of a criminal intent and damage should be established which prejudiced the
offended party. In this case, the defendant only retained what is due to him by his principal, hence, there
is an absence of criminal intent. Moreover, there is also an absence of damages because what was taken is
something that is owed to him in the first place.