Case# 6

People v Benitez : people of the ph v benitez

Doctrine
1. Criminal liability such as Estafa is not affected by compromise or novation of
contract and not waivable by offended party
2. Estafa – there is estafa when there is a failure to account upon demand funds
held in trust
- Misappropriation could be showed through circumstances
Facts: 1. Benjamin Benitez was hired by Jose Cua as a collector of the rents of the
houses owned by the latter.
2. Benitez, collected the rents for July and August 1956 but failed to turn over
the said amount to Cua.
3. Despite repeated demands
4. But Benitez and Cua had an agreement that Benitez will just work in Cua’s
establishment, his salary will every month will be deducted to the amount of
540 ( the rent which he failed to turned over )
5. But after few days, Benitez did not report and show up for work
6. Cua demanded the full payment
7. When Benitez failed to pay, Cua filed a complaint for estafa.
Petitioner: 1. He is not guilty of Estafa
a. Just for failure to turn over his collections – there being no proof of
misappropriation or conversion
Cua and Benitez had an agreement converted his criminal liability into a mere civil
obligation.

Respondent:

RTC: 1. Convicted and sentenced of Estafa

CA: 1. affirmed the ruling of RTC

Issue: Whether benitez is guilty of estafa

Held: Yes, Benitez is guilty of Estafa

Discussion: 1. He is guilty of Estafa

a. Failure to turn over the 540 pesos of collected rents to his employer
b. Supported by circumstancial evidence of misappropriation:

- First, he failed to account or turn over the said amount without giving any
reason or demand
 - Second, he obligated himself to make restitution, clearly show that the
amount of 540 which he was duty bound to deliver was misappropriated

2. criminal liability for estafa is not affected by compromise or novation of

contract
a. The agreement that Benitez and Cua consented does not obliterate the
criminal liability already incurred.
b. A criminal offense is committed against the People and the offended party, it
may not waive or extinguish criminal liability that the law imposes for the
commission of the offense.
c. It is a public offense which must be prosecuted and punished by the
Government on its own motion.
Notes: