We review in this Rule 45 petition
and the resolution2
of the Court of Appeals (CA
) that totally affirmed the decision3
of the Regional Trial Court (RTC
), Branch 2, Batangas City in Criminal Case No. 11002.
The RTC found Dulce Pamintuan
) guilty beyond reasonable doubt of the crime of estafa
under Article 315, paragraph 1(b) of the Revised Penal Code, as amended, and sentenced her to imprisonment of four (4) years and two (2) months of prision correccional
, as minimum, to twenty (20) years of reclusion temporal
, as maximum.
The Information charging the petitioner with estafa
as defined and penalized under Article 315, paragraph 1(b) of the Revised Penal Code, as amended, reads:
That on or about February 16, 1996 at Batangas City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, after having received in trust and on commission from one Jeremias Victoria a diamond ring worth SEVEN HUNDRED SIXTY FIVE THOUSAND (P765,000.00) PESOS, Philippine Currency, with the understanding and agreement that the same shall be sold by her on cash basis at a price not less than its value and that the overprice, if any, shall be her commission and the proceeds of the sale shall be remitted to Jeremias Victoria immediately upon sale thereof, and if unsold, said diamond ring will be returned to Jeremias Victoria within a period of three (3) days from the date of receipt, but said accused, far from complying with her obligation to return the unsold diamond ring, with grave abuse of confidence, with intent to defraud, did then and there willfully, unlawfully and feloniously convert and misappropriate the same to her own personal use and benefit and despite demands made upon her to return the said jewelry, she failed and refused to do so, to the damage and prejudice of Jeremias Victoria in the aforementioned amount of P765,000.00, Philippine Currency.
CONTRARY TO LAW.4
The petitioner pleaded not guilty to the charge; trial on the merits followed.The Prosecution Evidence
The prosecution presented two witnesses á