Dear PAO,
I have a small jewelry shop in Meycauyan, Bulacan and I have some sales agents by commission. What case may I file against my sales agent who did not turn over to me, and instead appropriated for himself, the proceeds of the sale of a set of diamond earrings worth P150,000.00?

I have repeatedly asked him to give the money to me but to no avail.
EC

Dear EC,
You may file a criminal case for estafa against your sales agent whom you commissioned to sell a set of diamond earrings and appropriated for himself the proceeds thereof. Article 315, No. 1, paragraph b of the Revised Penal Code provides:

“Article 315. Swindling (estafa). –Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:

xxx

1. With unfaithfulness or abuse of confidence, namely:

xxx

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 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

Xxx”

Estafa through conversion or misappropriation has the following elements: 1) that money, goods, or other personal property be 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; 2) that there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt; 3) that such misappropriation or conversion or denial is to the prejudice of another; and 4) that there is demand made by the offended party to the offender (Luis B. Reyes, The Revised Penal Code, Book II (15th Ed.), page 736). As an agent, he has the obligation to turn over to you the proceeds of the jewellery which you commissioned him to sale. His failure to do so and his act in appropriating the same for his own use caused you to suffer damage in the amount of P150,000.00, the value of the set of diamond earrings which he sold.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

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