Scribd Logo
Upload

Welcome to Scribd!

  • 214 views

    Javier vs. People

    Uploaded by

    Iris Dinah
    Alejandro Javier was a sales agent who was discovered to have misappropriated ₱12,052.57 by creating fictitious orders and customers. He confessed to doing so in writing. While he made some partial payments, he was ultimately convicted of estafa and sentenced to 1 year, 8 months, and 21 days to 5 years, 5 months, and 11 days in prison. On appeal, he argued his confession was coerced and that his partial payments meant the amount embezzled was under ₱12,000, but the Supreme Court upheld his conviction and sentence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Javier vs. People

    Uploaded by

    Iris Dinah
    214 views2 pages
    Alejandro Javier was a sales agent who was discovered to have misappropriated ₱12,052.57 by creating fictitious orders and customers. He confessed to doing so in writing. While he made some partial payments, he was ultimately convicted of estafa and sentenced to 1 year, 8 months, and 21 days to 5 years, 5 months, and 11 days in prison. On appeal, he argued his confession was coerced and that his partial payments meant the amount embezzled was under ₱12,000, but the Supreme Court upheld his conviction and sentence.

    Original Title

    20. Javier vs. People

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Alejandro Javier was a sales agent who was discovered to have misappropriated ₱12,052.57 by creating fictitious orders and customers. He confessed to doing so in writing. While he made some partial payments, he was ultimately convicted of estafa and sentenced to 1 year, 8 months, and 21 days to 5 years, 5 months, and 11 days in prison. On appeal, he argued his confession was coerced and that his partial payments meant the amount embezzled was under ₱12,000, but the Supreme Court upheld his conviction and sentence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    214 views2 pages

    Javier vs. People

    Uploaded by

    Iris Dinah
    Alejandro Javier was a sales agent who was discovered to have misappropriated ₱12,052.57 by creating fictitious orders and customers. He confessed to doing so in writing. While he made some partial payments, he was ultimately convicted of estafa and sentenced to 1 year, 8 months, and 21 days to 5 years, 5 months, and 11 days in prison. On appeal, he argued his confession was coerced and that his partial payments meant the amount embezzled was under ₱12,000, but the Supreme Court upheld his conviction and sentence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    [G.R. No. 47083. November 18, 1940.

    ]
    ALEJANDRO JAVIER ALEJANDRO JAVIER, p e titio n e r- a p p ella n t , v s v s . THE
    PEOPLE OF THE . THE PEOPLE OF THE PHILIPPINES PHILIPPINES, r e s p o n d e
    n t-a p p elle e

    FACTS:
    Alejandro Javier, petitioner-appellant in this case, was formerly a sales agent of German
    and Company, Ltd. while in the employ of said Frm it was his duty to prepare "purchase
    orders" of such merchandise as were sold by him subject to the approval of the
    manager. The collection of the purchase price of the sales made was also entrusted to
    him. Some time in January, 1935, it was discovered by the management of the
    company that there was a big outstanding and uncollected account and that some of the
    persons whose names appeared in the invoices did not live at the addresses speciFed,
    or if they were existing persons they pretended ignorance of any sales made to them.
    On February 7, 1935, the manager, Mr. Bergman, complied a list (Exhibit A) of all the
    sales made by Alejandro Javier and gave it to Attorney Pedro Franco, who showed it to
    Javier. Javier declared that some of the customers appearing therein were solvent
    customers and would pay, but that most of them were Fctitious. Upon request of Atty.
    Franco, Javier indicated the customers who were Fctitious and those who were not.
    Thereafter, in a written confession (Exhibit B), he admitted having misappropriated the
    amount of P12,052.57, by means of Fctitious orders he had made. To check up
    Alejandro's statement, Atty. Franco wrote letters to several of the customers requesting
    payment but most of them were returned. Nevertheless, Alejandro Javier was given a
    chance to repay the amount he had misappropriated. He agreed to pay on account to
    German and Company, Ltd., the sum of Ffty pesos (P50) monthly. But no more than
    four incomplete payments were made by him.

    Charged with estafa in the amount of P12,052.57, it was proved at the trial that
    defendant had paid over to the company the sum of P62 on account of the amount
    embezzled. The Court of First Instance of Manila convicted him of the offense charged
    under paragraph 1 of article 315 of the Revised Penal Code, and sentenced him to an
    indeterminate term of from one year, eight months, and twenty one days to Fve years,
    Fve months, and eleven days of prision correccional, to indemnify German and
    Company, Ltd., in the amount of P11,990.57, with subsidiary imprisonment in case of
    insolvency, to suffer the accessory penalties provided by law and to pay the costs. Upon
    appeal to the Court of Appeals this decision was affirmed in its totality.

    ISSUE:
    whether or not said admissions were made voluntarily or obtained by means of force or
    threat

    HELD:
    The Supreme Court finds that the Court of Appeals as well as the Court of First Instance
    of Manila found no such duress or compulsion. Besides, Alejandro Javier was not
    convicted on the strength of his admission or confession alone. The facts and
    circumstances of the case were laid before the courts a q u o , and these, considered
    together with the admissions of the accused, wove out a clear case of e s t a f a and
    pointed to the guilt of Alejandro Javier beyond reasonable doubt. It is also vehemently
    contended that since the appellant was able to make partial payments amounting to
    P62 of the P12,052.57, the remaining amount of P11,990.57 should serve as the basis
    of determining the penalty to be suffered by the appellant. Thus, it is argued, because
    the amount embezzled by appellant does not exceed the amount of P12,000, his case
    falls under the second paragraph of Article 315 of the Revised Penal Code and he
    should, therefore, be sentenced only to a minimum of one year, eight months and
    twenty-one days and a maximum of two years, eleven months and ten days. We nd to
    merit in this contention. It is a well-settled rule in this jurisdiction that payment made
    subsequent to the commission of the crime of estafa does not alter the nature of the
    crime committed nor does it relieve the defendant from the penalty prescribed by law.

    You might also like