Case# 8

People v Jumawan: THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

TOMAS JUMAWAN, defendant-appellant.
Doctrine 1. No criminal liability if the offender retained and set-off his collection as
payment for his commission due to him

2. Lacking of damage a ground for dismissal

Facts: 1. Jumawan, worked as an agent on commission basis in Monel Discount Center
and Piamonte Bros
- He collects various amounts by receipts from customers of the said business
firms
2. Accused did not turned over his collections to the firms in July and August
1965
3. He retained and refused to deliver to Montel, even after demand the amount
of 55 pesos

Petitioner: 1. He claimed that, he did not turned it over because his commission amounting
to 65 pesos has not been paid by Mr.Piamonte his original principal and part
owner of the center.
2. He refused to pay him his commmssion on account of losses
3. He was not also paid of his expenses for collecting account from customers-
debtors
4. Which is in total, even more than the amount he withheld
Respondent:

RTC: 1. He is guilty of estafa under Article 315 1-b of RPC

CA:

Issue: WON he is guilty of estafa

Held: No lacking of criminal intent on the side of the appellant and of damage on the side of
the complainant

Discussion: 1. No criminal liability attached to the acts of the accused

a. The appellant was unjustly exploited, his act of retaining the the accrued
commission in the larger amount of 65 pesos due and payable to him was
actually and honestly due and owing to him by his principal
- There’s an absence of criminal intent

2. Absence of Damage or being prejudiced on the part of the complainant

a. Damage as an essential element of estafa was not established.
b. The principal cannot claim damage because the amount which was retained by
the appellant was justly and long due to him.

3. All these factors, the absence of criminal intent on appellant’s part and lack of
damage or prejudice caused to the principal, besides the appellant’s proven
good faith, entitle appellant to a verdict of acquittal.
Provision 1. With unfaithfulness or abuse of confidence, namely:

(b) By misappropriating or converting, to the prejudice of another, money, goods, or

any other personal property received by the offender in trust or on commission, or for
administration, or under any other obligation involving the duty to make delivery of or
to return the same, even though such obligation be totally or partially guaranteed by a
bond; or by denying having received such money, goods, or other property.