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CARMINA G. BROKMANN v. PEOPLE

FACTS:

Title: Carmina G. Brokmann vs. Court of Appeals

G.R. No.: 201818

The petitioner, Carmina G. Brokmann, was convicted of the crime of estafa under Article 315, paragraph 1(b) of the Revised Penal Code. The charge stemmed from her failure to return or remit the proceeds of jewelry amounting to P1,861,000.00, as stated in the Memorandum of Agreement (MOA) between the petitioner and the private complainant, Anna de Dios. The petitioner argued that there was no specified period for the remittance of proceeds or return of unsold jewelry in the MOA. The Regional Trial Court (RTC) found the petitioner guilty and sentenced her to imprisonment and restitution. The Court of Appeals (CA) affirmed the conviction, and the petitioner appealed to the Supreme Court.

ISSUES:

Whether the Court of Appeals (CA) committed a reversible error in affirming the judgment of the Regional Trial Court (RTC) finding the petitioner, Carmina G. Brokmann, guilty of estafa beyond reasonable doubt.

RULING:

The Supreme Court found no reversible error in the CA's decision affirming the petitioner's conviction but modified the penalty imposed. The Court ruled that:

  1. The estafa committed by the petitioner was by abuse of confidence, not deceit, hence, proving deceit was unnecessary.

  2. The cases cited by the petitioner (People v. Singson and People v. Ojeda) were inapplicable as they involved estafa by means of deceit.

  3. The penalty imposed was modified to conform with prevailing jurisprudence, particularly with the Court's ruling in People v. Temporada.

The petitioner was thus sentenced to a modified penalty of imprisonment from four (4) years and two (2) months of prision correccional, as minimum term, to twenty (20) years of reclusion temporal, as maximum term.

PRINCIPLES:

  1. Estafa by Abuse of Confidence Estafa can be committed by abuse of confidence without the necessity of proving deceit.

  2. Article 315, Revised Penal Code Lists the different ways estafa can be committed, with and without deceit.

  3. Penalty for Estafa Article 315 provides the penalties based on the amount defrauded, with adjustments as per jurisprudence.

  4. People v. Temporada Establishes the minimum indeterminate penalty for estafa when the amount exceeds P22,000.00.