FACTS:
Lourdes R. Busiños filed a complaint for disbarment against Atty. Francisco Ricafort, accusing him of misappropriating P32,000.00. She entrusted P30,000.00 to the respondent for deposit in her husband's bank account and the remaining P2,000.00 was demanded by the respondent for a bond in a civil case, which was found unnecessary later on. The complaint was filed on November 21, 1994. Respondent failed to submit his comment despite being required to do so and was subsequently ordered to show cause. Still, he did not comply, resulting in the waiver of his right to file a comment. The complaint was then referred to the Office of the Bar Confidant. The Bar Confidant issued a Report and Recommendation finding that the respondent misappropriated the funds and deceived the complainant. Complainant testified that she authorized the respondent to deposit the money in her savings account, but he admitted to spending it instead. Complainant also stated that the respondent demanded and received P2,000.00 for a bond that was not required.
ISSUES:
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Did respondent commit the crime of estafa by misappropriating the sum of P32,000 entrusted to him?
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Did respondent deceive complainant into giving him the sum of P2,000 supposedly for a bond in Civil Case No. 5814, when no such bond was required?
RULING:
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Yes, respondent committed the crime of estafa by misappropriating the sum of P32,000 entrusted to him.
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Yes, respondent deceived complainant into giving him the sum of P2,000 supposedly for a bond in Civil Case No. 5814, when no such bond was required.
PRINCIPLES:
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Misappropriation of entrusted funds constitutes estafa under Article 315 (1) (b) of the Revised Penal Code.
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The deliberate act of deceiving someone into giving money for a specific purpose, when no such purpose exists, is a form of estafa.