SECOND DIVISION

G.R. No. 204644, February 11, 2015

ANGELITA CRUZ BENITO, Petitioner, v. PEOPLE OF THE

PHILIPPINES, Respondent.

DECISION

LEONEN, J.:

Conspiracy must be proven with evidence that can convince a trial court of its existence
beyond reasonable doubt. Moreover, there can be no conspiracy to commit a crime that
has already been consummated.

This is a Petition for Review on Certiorari1 of the Court of Appeals'

Decision,2 affirming in toto the November 17, 20093 Decision of the Regional Trial
Court, Branch 80, Quezon City. The trial court convicted Angelita Cmz Benito of estafa,
finding that she conspired with Rebecca Agbulos in misappropriating the pieces of
jewelry the latter received in trust from Dorie Cruz-Abadilla.4

In the Information dated October 28, 1994, Rebecca Agbulos (Agbulos) and Angelita
Cruz Benito5 (Benito) were charged with estafa punished under Article 315, paragraph
l(b) of the Revised Penal Code. The accusatory portion of the Information reads:

That in or about the period comprised from June 8, 1994 up to August 3, 1994, in
Quezon City, Philippines, the said accused, conspiring together, confederating with and
mutually helping with each other, did then and there willfully, unlawfully and feloniously
defraud DORIE CRUZ-ABADILLA in the following manner, to wit:

Assorted pieces of jewelry in the amount of P2,070,300.00, Philippine Currency, for the
purpose of selling the same on commission basis, under the express obligation on the
part of said accused of turning over the proceeds of the sale to said DORIS CRUZ-
ABADILLA if sold, or of returning the same if unsold to said complainant, but the said
accused, once in possession of the said items, far from complying with their obligation
as aforesaid, with intent to defraud, unfaithfulness and grave abuse of confidence,
failed and refused and still fails and refuses to fulfill their aforesaid obligation despite
repeated demands made upon them to do so and instead misapplied, misappropriated
and converted the same or the value thereof, to their own personal use and benefit, to
the damage and prejudice of said DORIE CRUZ-ABADILLA in the aforesaid amount of
P2,070,300.00, Philippine Currency.6

Agbulos and Benito were arraigned on July 10, 1995, pleading not guilty to the charge.
Trial ensued.7

The prosecution presented as witnesses complainant, Dorie Cruz-Abadilla (Abadilla);

her friend, Concepcion Quinonez Pamintuan (Pamintuan);8 and Estela Diloria
(Diloria),9 a pawnshop appraiser of E. Ochoa Pawnshop.

The prosecution's version of the facts

Abadilla knew Agbulos and Benito through Abadilla's friend, Pamintuan. Pamintuan
introduced Agbulos to Abadilla as a jeweler.10

Abadilla and Agbulos entered into several transactions for the sale of jewelry, with
Agbulos going to Abadilla's residence at 174 Maginhawa Street, Sikatuna Village,
Quezon City. In all these transactions, Benito accompanied Agbulos.11

On June 9, 1994, Agbulos received pieces of jewelry from Abadilla. They agreed that
Agbulos would return the pieces of jewelry in the afternoon should Agbulos fail to sell
them. Agbulos then issued Abadilla a check for the value of the jewelry received.12

Agbulos received another batch of jewelry from Abadilla on June 14, 1994. She again
issued Abadilla a check, this time for P828,000.00. They likewise agreed that Agbulos
would return the jewelry in the afternoon should she fail to sell them.13

On June 16, 1994, Agbulos received the last batch of jewelry from Abadilla, issuing a
check in the amount of P453,000.00.14

On June 21, 1994, Abadilla called Agbulos on the phone, asking for security for the
pieces of jewelry she gave Agbulos. Agbulos then gave as security the owner's copy of
Transfer Certificate of Title No. 438259.15

However, upon verification with the Land Registration Authority, the certificate of title
turned out to be spurious.16

Abadilla deposited the checks Agbulos issued to her, and all were dishonored by reason
of "closed account." Abadilla then tried to locate Agbulos, but Agbulos could no longer
be found.17

After several months, Abadilla learned from Agbulos' sister-in-law that the latter
received pawn tickets from a friend. Abadilla, through her friend Pamintuan, obtained
from Agbulos' sister-in-law pawn tickets numbered 45227 and 45306 issued by E.
Ochoa Pawnshop. Appearing on the pawn tickets was the name "Linda Chua."18

Abadilla went to E. Ochoa Pawnshop to verify the items described in the pawn tickets.
She learned that the items pawned were among the pieces of jewelry she turned over
to Agbulos, specifically, a men's diamond ring and a set of diamond ring and earrings.
She also learned from Diloria, the pawnshop appraiser, that the "Linda Chua" who
pawned her jewelry was Benito.19

The defense's version of the facts

For the defense, Agbulos and Benito testified. Benito denied that she was the "Linda
Chua" who pawned Abadilla's jewelry. According to her, on June 8, 1994, she was at
the house of Agbulos' mother, working as a cook and taking care of Agbulos' children.
She denied being with Agbulos when the latter transacted with Abadilla and that she
only knew of Abadilla when the latter looked for Agbulos.20

Agbulos supported the testimony of her co-accused Benito, stating that the latter "had
no participation [in her transactions with Abadilla]."21 Agbulos likewise denied that
Benito accompanied her to Abadilla's residence whenever she received jewelry from
Abadilla.22

The Regional Trial Court's findings

The Regional Trial Court found that the prosecution proved beyond reasonable doubt
that Agbulos and Benito conspired to commit estafa. According to the trial court,
Agbulos and Benito received the pieces of jewelry in trust for Abadilla. They undertook
to sell the jewelry for Abadilla or return them in the afternoon should they fail to sell
them. However, in violation of that trust, they failed to return the unsold jewelry.
Worse, they had the jewelry pawned under a different name.23

Thus, in the Decision24 dated November 17, 2009, the trial court sentenced Agbulos and
Benito to suffer the indeterminate penalty of four (4) years and two (2) months
of prision correccional as minimum to twenty (20) years of reclusion temporal as
maximum. It also ordered Agbulos and Benito to pay Abadilla P2,070,300.00 by way of
civil indemnity plus 12% interest from the filing of the Information until full payment.25

Disposition of the Court of Appeals

Benito appealed before the Court of Appeals, maintaining that she had nothing to do
with Agbulos' transaction with Abadilla.26

Nevertheless, the Court of Appeals sustained the finding that Benito was the "Linda
Chua" who pawned Abadilla's jewelry as testified to by the pawnshop appraiser, Diloria.
Thus, even assuming that Agbulos alone transacted with Abadilla, "it was the action of
[Benito] that paved the way [to the misappropriation or conversion of the jewelry, to
the prejudice of Abadilla]."27 The Court of Appeals upheld the finding that Agbulos and
Benito conspired to commit estafa.

Affirming in toto the trial court's Decision, the Court of Appeals denied Benito's appeal
in the Decision28 dated June 30, 2011.

Benito filed a Motion for Reconsideration, which the Court of Appeals denied in the
Resolution29 dated November 13, 2012.

Proceedings in this court

Benito filed a Petition for Review on Certiorari before this court. On behalf of the People
of the Philippines, the Office of the Solicitor General commented on Benito's
Petition,30 after which, Benito replied to the Comment.31

In her Petition for Review on Certiorari and Reply, Benito insists that the prosecution
failed to prove her alleged conspiracy with Agbulos to commit estafa. She maintains
that Agbulos alone transacted with Abadilla, denying that she received any of the pieces
of jewelry. That she allegedly accompanied Agbulos to Abadilla's residence does not
prove that she likewise received some of the pieces of jewelry. Thus, the element of
estafa consisting of the receipt in trust of personal property does not apply to her.32
Moreover, Benito vehemently denies that she was the "Linda Chua" who pawned
Abadilla's jewelry. She points out that prosecution witness Diloria did not personally
transact with "Linda Chua." Diloria allegedly testified that her co-worker entertained
"Linda Chua" and appraised the jewelry being pawned. With "no extraordinary reason
why [the Linda Chua transaction] stuck to [Diloria's] mind,"33 Benito argues that Diloria
was incompetent to testify as to the identity of "Linda Chua."34

Maintaining that the prosecution failed to prove her guilt beyond reasonable doubt,
Benito prays for her acquittal.

In the Comment, the People of the Philippines argues that Benito raises questions of
fact that is not allowed in a Petition for Review on Certiorari. In addition, the Regional
Trial Court and the Court of Appeals agreed in their findings of fact. Thus, the findings
that Benito received jewelry from Abadilla and that she was the "Linda Chua" who
pawned some of the jewelry are entitled to great respect, if not finality, by this court.35

Considering that the arguments of Benito are a mere rehash of those she raised in her
appeal before the Court of Appeals, the People of the Philippines prays that this court
deny Benito's Petition for Review on Certiorari.

The issue for this court's resolution is whether Angelita Cruz Benito conspired with
Rebecca Agbulos in committing estafa punished under Article 315, paragraph l(b) of the
Revised Penal Code.

We grant this Petition.

The judgments of the Regional Trial

Court and the Court of Appeals are
based on a misapprehension of facts

Under Rule 45, Section 1 of the Rules of Court, only questions of law may be raised in a
Petition for Review on Certiorari:

Section 1. Filing of petition with Supreme Court. - A party desiring to appeal by

certiorari from a judgment, final order or resolution of the Court of Appeals, the
Sandiganbayan, the Court of Tax Appeals, the Regional Trial Court or other courts,
whenever authorized by law, may file with the Supreme Court a verified petition for
review on certiorari. The petition may include an application for a writ of preliminary
injunction or other provisional remedies and shall raise only questions of law, which
must be distinctly set forth. The petitioner may seek the same provisional remedies by
verified motion filed in the same action or proceeding at any time during its pendency.
(Emphasis supplied)

As an exception to the rule, questions of fact may be raised in a Rule 45 Petition if any
of the following is present:

(1) when there is grave abuse of discretion; (2) when the findings are grounded on
speculations; (3) when the inference made is manifestly mistaken; (4) when the
judgment of the Court of Appeals is based on a misapprehension of facts; (5) when the
factual findings are conflicting; (6) when the Court of Appeals went beyond the issues
of the case and its findings are contrary to the admissions of the parties; (7) when the
Court of Appeals overlooked undisputed facts which, if properly considered, would
justify a different conclusion; (8) when the findings of the Court of Appeals are contrary
to those of the trial court; (9) when the facts set forth by the petitioner are not
disputed by the respondent; and (10) when the findings of the Court of Appeals are
premised on the absence of evidence and are contradicted by the evidence on record.36

A question of fact exists "when the doubt or difference arises as to the truth or the
falsehood of alleged facts."37 On the other hand, a question of law exists "when the
doubt or difference arises as to what the law is on a certain state of facts."38

Benito raises questions of fact in her Petition for Review on Certiorari. Specifically, she
prays that this court examine the truth of the following findings: that she received
jewelry from Abadilla and that she posed as "Linda Chua" and pawned the jewelry she
received from Abadilla.

Despite Benito raising questions of fact in her Petition for Review on Certiorari, we
nevertheless take cognizance of her Petition. The trial court and Court of Appeals
misapprehended the facts of this case.

II

The prosecution failed to prove beyond

reasonable doubt Benito's conspiracy with
Agbulos to commit estafa

Under Article 8 of the Revised Penal Code, "a conspiracy exists when two or more
persons come to an agreement concerning the commission of a felony and decide to
commit it." Proof of conspiracy may be direct or circumstantial.39 So long as the
evidence presented show a "common design or purpose"40 to commit the crime, all of
the accused shall be held equally liable as co-principals even if one or more of them did
not participate in all the details of the execution of the crime.41

For this reason, the fact of conspiracy "must be proven on the same quantum of
evidence as the felony subject of the agreement of the parties,"42 that is, proof beyond
reasonable doubt.43

Article 315, paragraph l(b) of the Revised Penal Code punishes estafa through
misappropriation:

Art. 315. Swindling (estafa). - Any person who shall defraud another by any of the
means mentioned herein below shall be punished by:

1st. The penalty of prision correccional in its maximum period to prision mayor in its
minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed
22,000 pesos; and if such amount exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period, adding one year for each additional
10,000 pesos; but the total penalty which may be imposed shall not exceed twenty
years. In such cases, and in connection with the accessory penalties which may be
imposed and for the purpose of the other provisions of this Code, the penalty shall be
termed prision mayor or reclusion temporal, as the case may be.

1. With unfaithfulness or abuse of confidence, namely:

....

(b) 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 other 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.

To prove estafa through misappropriation, the prosecution must establish the following
elements:

(1) the offender's receipt of money, goods, or other personal property in trust, or on
commission, or for administration, or under any other obligation involving the duty to
deliver, or to return, the same;
(2) misappropriation or conversion by the offender of the money or property received, or denial
of receipt of the money or property;
(3) the misappropriation, conversion or denial is to the prejudice of another; and
(4) demand by the offended party that the offender return the money or property
received.44(Citation omitted)

We find that the prosecution failed to prove beyond reasonable doubt the conspiracy
between Benito and Agbulos.

As testified to by Abadilla, only Agbulos received the pieces of jewelry from her, and
Benito was merely "present during the negotiation":

Q[:] Do you have an agreement regarding the business of jewelry?

A[:] Our agreement is that they will get the items on the same day and if they could not sell
[the] items, they will return it in the afternoon of the same day.
Q[:] Who took the pieces of jewelry you mentioned awhile ago?
A[:] Rebecca Agbulos.
Q[:] Where was accused Angelita C. Benito?
A[:] She was present during the negotiation.45 (Emphasis supplied)

Even assuming that Benito accompanied Agbulos in going to Abadilla's residence, this
does not prove that Benito received any jewelry from Abadilla. As the helper of Agbulos'
brother,46 Benito may have accompanied Agbulos on her employer's order. "Mere
presence [at the scene of the crime] is not by itself indicative of conspiracy between
[the accused]."47

Interestingly, Agbulos testified that the transaction was only between her and Abadilla.
She alone issued security for the jewelry, namely, the dishonored checks and the
spurious certificate of title.48 Agbulos even declared in open court that "[Benito] ha[d]
no participation in the case at bench":49

Q: Can you tell us the participation of your co-accused Angelita Benito in this case?
A: Angelita Benito is just a maid of my brother and assigned to fetch my kids in school.
Q: The prosecution witness testified that you were with your co-accused at that time you
went to the place of the complainant to receive the pieces of jewelry?
A: That is not true, sir.
Q: You said you were the only one who went to the house of the complainant?
A: Yes, sir.50 (Emphasis supplied)

Agbulos' statement was an admission against her interest.51 The statement negated the
alleged "common design or purpose" between her and Benito and would lead to her
being solely liable for the crime.52 It also means that she admitted that her companion's
acts can never be attributed to her. The Regional Trial Court and the Court of Appeals
should have considered this statement in assessing the guilt of Benito.53

In Gomez v. IAC,54 Dolores Gomez (Dolores), together with her husband Rodrigo
Gomez (Rodrigo), was charged with estafa for allegedly conspiring with Rodrigo in
misappropriating pieces of jewelry they received from Rodrigo's sister. The trial court
convicted her and Rodrigo of the crime charged.55

On appeal, this court acquitted Dolores. It considered a letter Rodrigo wrote his sister,
stating that he alone misappropriated the pieces of jewelry. According to the court, this
letter was a declaration against Rodrigo's interest that the trial court should have given
weight.56

In Ong v. Court of Appeals,57 Santiago Ong (Ong), together with a Tony Chua (Chua),
was charged with estafa for allegedly conspiring with Chua in misappropriating pieces of
jewelry they received from a Florentina Buyco (Buyco). The trial court convicted them
of the crime charged.

On appeal, this court acquitted Ong. It considered an affidavit Chua executed,

"absolving [Ong] from any participation in his jewelry transaction with [Buyco and her
sister]."58 According to this court, Chua's statement in his affidavit was a declaration
against his interest that should have been given weight by the trial court.59

The strongest evidence against Benito is the testimony of Diloria, the pawnshop
appraiser who positively identified Benito as the "Linda Chua" who pawned Abadilla's
jewelry. According to the Court of Appeals, Benito's posing as "Linda Chua" and
pawning the jewelry "paved the way for the presence of the second and third elements
of [estafa],"60 i.e., the misappropriation of the property to the prejudice of another.

However, the identification of Benito as the "Linda Chua" who pawned the jewelry is
"open to serious doubt."61 As testified to by Diloria, she saw Benito in E. Ochoa
Pawnshop only on two occasions: on June 6 and 17, 1994.62 Moreover, there is
evidence that Diloria was not the pawnshop appraiser who entertained "Linda
Chua"63 but a co-worker named Mary Ann:

Q[:] Who prepared the pawn ticket?

A[:] Anybody who is available.
Q[:] Anybody who is available?
A[:] Yes, sir.
Q[:] In this case, you appraised [pawn tickets numbered 45227 and 45306]?
A[:] One of our appraisers.
Q[:] Who filled up this pawnshop ticket?
A[:] Mary Ann.
Q[:] Your co-employee?
A[:] Yes[,] sir.64

Therefore, as Benito argues, "[t]here is ... no special reason why the [Linda Chua
transaction] stuck to D[e]loria's mind, such that she was able to remember the face of
a complete stranger and positively identify her more than three (3) months after the
alleged transaction."65

Further, based on Diloria's testimony, "Linda Chua" first went to E. Ochoa Pawnshop on
June 6, 1994.66 This date was prior to the first time Agbulos received pieces of jewelry
from Abadilla on June 9, 1994. There is thus some reasonable doubt as to whether the
jewelry "Linda Chua" pawned on June 6, 1994 belonged to Abadilla.

With respect to the second time "Linda Chua" went to the pawnshop on June 17, 1994,
Benito cannot be held liable for it as well.

Generally, demand for the return of the thing delivered in trust is necessary before an
accused is convicted of estafa. However, if there is an agreed period for the accused to
return the thing received in trust and the accused fails to return it within the agreed
period, demand is unnecessary. Failure to return the thing within the agreed period
consummates the crime of estafa, i.e, the misappropriation of the thing received in
trust.67

In United States v. Sotelo,68 Manuel Araneta (Araneta) delivered to Vicente Sotelo

(Sotelo) pieces of jewelry for the latter to sell for a price not less than P180.00 or to
return the jewelry within one hour from delivery if unsold. Sotelo failed to return the
pieces of jewelry within one hour from their delivery. Without demanding for the return
of the jewelry, Araneta filed against Sotelo a complaint for estafa within the hour after
Sotelo failed to return the jewelry.

The court convicted Sotelo of estafa because "[he] did not return [the pieces of jewelry]
within the [agreed period] nor at any other time."69

When Agbulos failed to return in the afternoon the jewelry she received on June 9, 14,
and 16, 1994, she was already presumed to have misappropriated the jewelry. There
would be no more need to present any act to prove the misappropriation.

Consequently, the estafa had already been consummated when "Linda Chua" allegedly
pawned the jewelry on June 17, 1994. Benito, who was allegedly "Linda Chua," cannot
be held criminally liable with Agbulos. "There can be no ex post facto conspiracy to do
that which has already been done and consummated."70

In Preferred Home Specialties, Inc. v. Court of Appeals, 71 Preferred Home Specialties,

Inc., through its president, Edwin Yu (Yu), entered into an agreement with Specialty
Oils, Inc. for the toll manufacturing of high-quality margarine. Yu, however, had second
thoughts in continuing the agreement with Specialty Oils, Inc.72

Through the intervention of Harley Sy (Sy), Yu continued the agreement with Specialty
Oils, Inc.73 However, the margarine delivered by Specialty Oils, Inc. discolored and
"turned white."74 Yu also learned that Specialty Oils, Inc. claimed in an affidavit filed
before the Securities and Exchange Commission that it was already non-operational
when it entered into the agreement with Preferred Home Specialties, Inc.75

Claiming that Specialty Oils, Inc. defrauded it, Preferred Home Specialties, Inc. filed a
complaint for estafa against the officers of Specialty Oils, Inc. It impleaded Sy as
respondent for allegedly conspiring with the officers of Specialty Oils, Inc. in defrauding
Preferred Home Specialties, Inc. In a certiorari proceeding against the Department of
Justice's Resolution, the Court of Appeals ordered the criminal Complaint against Sy
dismissed.76

This court affirmed the Court of Appeals' decision, ruling that the crime of estafa had
already been consummated by the time Sy intervened between Preferred Home
Specialties, Inc. and Specialty Oils, Inc. According to this court, Sy intervened after
Specialty Oils, Inc. had delivered the substandard margarine. Therefore, Sy could not
be held criminally liable with the officers of Specialty Oils, Inc.77

In People v. Furugganan,78 Anacleto Furugganan (Furugganan), together with other co-

accused, was charged with murder for allegedly shooting to death several men and
wounding a Joseph Ferrer (Ferrer). According to Ferrer, he, together with other
fishermen, was sleeping in a nipa hut when he heard gunshots. He was shot on the leg
but pretended to be dead.79

After the shooting had stopped, Ferrer saw Furugganan and other men climbing up the
hut. One of the men hit Ferrer's head to confirm that he was dead. After the men had
left, Ferrer went home to have his wound treated and report the incident.80

In his defense, Furugganan denied that he shot Ferrer's companions and alleged that
he was merely threatened by one of the shooters to go up the hut or he himself would
be shot. Furugganan emphasized that he was unarmed when he went up the hut.
Ferrer would eventually testify that Furugganan was indeed unarmed.81

This court found Furugganan credible and acquitted him on the ground of reasonable
doubt. According to this court, Furugganan's act of going up the hut "cannot. . . be said
to have lent in any way even a whit of material or moral aid in the actual commission of
the [crime] charged as, by then, [the crime] had already been consummated."82

All told, the prosecution failed to prove beyond reasonable doubt that Benito conspired
with Agbulos in misappropriating the jewelry belonging to Abadilla. Benito, therefore,
cannot be convicted of estafa.

There is no proof of Benito's direct participation in the commission of the crime

charged. Neither is there proof beyond reasonable doubt of her conspiracy with
Agbulos.
The presumption of innocence holds in favor of Benito.83 She should be acquitted on the
ground that her guilt has not been proven beyond reasonable doubt.

WHEREFORE, the Petition for Review on Certiorari is GRANTED. The Decision of the
Regional Trial Court, Branch 80, Quezon City in Criminal Case No. Q-94-59259
is REVERSED and SET ASIDE with respect to Angelita Cruz Benito. Petitioner Angelita
Cruz Benito is ACQUITTED on the ground of reasonable doubt.

SO ORDERED.

Carpio, (Chairperson), Velasco Jr.* J., Del Castillo, and Mendoza, JJ., concur.