Estafa through misappropriation

Estafa through misappropriation "I gave my officemate several pieces of jewelry for sale on commission basis six months ago. She agreed to remit the proceeds of the sale and return the unsold jewelry within 90 days. The period expired without my officemate remitting the proceeds of the sale and returning the remaining pieces of jewelry in her possession. I made numerous oral and written demands to my officemate, but I recently found out that she already tendered her resignation, which was effective immediately. Can I file a criminal case against her under our laws?Marcelle Dear Marcelle,It appears that your situation is governed by Article 315 of the Revised Penal Code of the Philippines, which states that: “Article 315. Swindling (estafa). xxx“xxx the fraud be committed by any of the following means: “1. With unfaithfulness or abuse of confidence, namely: xxx“(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. xxx” (Emphases supplied) The Supreme Court, through Chief Justice Diosdado Peralta, in the case of Norma C. Gamaro and Josephine G. Umali vs People of the Philippines (GR 211917, Feb. 27, 2017), discussed thoroughly the elements of estafa through misappropriation, viz:“The elements of estafa under Article 315, paragraph 1 (b) are as follows: (1) that money, goods, or other personal properties are 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 (2) that there is a misappropriation or conversion of such money or property by the offender or a denial of the receipt thereof (3) that the misappropriation or conversion or denial is to the prejudice of another and (4) that there is a demand made by the offended party on the offender. xxx“The failure to return upon demand the properties which one has the duty to return is tantamount to appropriating the same for his own personal use. xxx“The words convert and misappropriate connote the act of using or disposing of another’s property as if it were one’s own, or of devoting it to a purpose or use different from that agreed upon. To misappropriate for one’s own use includes not only conversion to one’s personal advantage, but also every attempt to dispose of the property of another without right. In proving the element of conversion or misappropriation, a legal presumption of misappropriation arises when the accused fails to deliver the proceeds of the sale or to return the items to be sold and fails to give an account of their whereabouts.” (Emphases supplied) You entrusted several pieces of jewelry for sale and had an agreement with your officemate to remit the proceeds of the sale and return the unsold pieces to you, which your officemate did not fulfill. Clearly, you can file a case against your officemate under Article 315, paragraph 1 (b) of the Revised Penal Code. The willful actions of your officemate consummated estafa through misappropriation.We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/