Man appointed as collecting agent defrauds friend abroad

Man appointed as collecting agent defrauds friend abroad "I appointed my friend as my collecting agent while I was abroad. As such, he is authorized to receive and collect payments from my tenants in my commercial building in Pangasinan. I executed a power of attorney to this effect. However, he did not turn over to me all the payments for two months totaling P80,000. Under our agreement, he should send to my account all the payments he collected every 30th day of the month. From what I’ve heard my friend got hooked in gambling and may have used the money he received from my tenants in his gambling spree. I am planning to go back to the Philippines this year. What case can I file against him? Jefferson Dear Jefferson,You may file a criminal case for estafa against your friend. In its general sense, there is estafa when the accused defrauded another by abuse of confidence or by means of deceit and that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person (Luis B. Reyes, The Revised Penal code, Book II (15th Ed.), page 732). Article 315, No. 1, paragraph b, specifically applies to your situation: Article 315. Swindling (estafa)—Any person who shall defraud another by any of the means mentioned herein below shall be punished by:xxx 1. With unfaithfulness or abuse of confidence, namely:xxxb. 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 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 This kind of estafa has the following elements: 1) that money, goods, or other personal property be 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 be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt 3) that such misappropriation or conversion or denial is to the prejudice of another and 4) that there is demand made by the offended party to the offender (Luis B. Reyes, The Revised Penal code, Book II (15th Ed.), page 736).As your designated attorney-in-fact, your friend has the right to collect the rentals from your tenants with the obligation to turn it over to you every 30th day of the month. However, he failed to do the same and appropriated it for his own use.By doing so, you suffered damage in the amount of P80,000, representing the rentals from your commercial building for two months. Hence, you may file a criminal case for estafa for preliminary investigation before the Prosecutor’s Office of the place where he misappropriated your money.If upon investigation, the prosecutor found probable cause, he will recommend its filing before the proper courts where your friend’s guilt will be judicially determined.Finally, we wish to remind you that this opinion is solely based on your narration of facts and our appreciation of the same. The opinion may vary if other facts are added or elaborated.We hope that we were able to address your concern.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 or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/