US vs. Sevilla (43 Phil.

190)

● Doctrine
Estafa on the breach of trust wherein it can take the form of appropriation and conversion of funds by the
offender in trust or commission.

● Facts
The defendant, Sevilla, the treasurer of the Manila Railroad Company took an amount of money through
the cashier from the fund in the company itself for his own personal use and benefit, with the promise to
return the equal amount from his personal check from the Philippine National Bank. The defendant
obliged the cashier to hold his check and to not depisti them to the bank account of the company until the
end of the month.

● Issue
W/n the defendant is guilty of estafa.

● Ruling
Yes, the defendant is guilty of estafa even in the absence of the intent to misappropriation. According to
the Supreme Court, even if there is absence of the fraudulent intent to commit estafa, as long as there is a
breach of confidence or trust in the conversion of trust fund, it already constitutes estafa.