[ G.R. No. 6421. August 14, 1911 ] 19 Phil. 559
[ G.R. No. 6421. August 14, 1911 ]
THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. CAYETANO IBAÑEZ, DEFENDANT AND APPELLANT. D E C I S I O N
JOHNSON, J.:
The defendant was accused of the crime of estafa in the Court of First Instance of the Province of Leyte, was found guilty and was sentenced to be imprisoned for a period of two months and one day of arresto mayor, with the accessories of the law, and to pay the costs, under paragraph 5 of article 535, in relation with article 534 of the Penal Code. From that sentence the defendant appealed and made several assignments of error here. It appears from the complaint and from the evidence brought to this court that the relation between the defendant and the prosecuting witness, Tan-Chingco, is that of debtor and creditor simply. The evidence discloses no relation of any of the classes of bailments, agency, or of fidelity. The relation is simply that of debtor and creditor. The Spanish courts and Spanish authors seem to be in hopeless conflict upon the question whether or not persons holding the relation of debtor simply may be guilty of the crime of estafa, under paragraph 5 of article 535 of the Penal Code. We are of the opinion and so decide that when the relation is purely that of a debtor and creditor, the debtor can not be held liable for the crime of estafa, under said article, by merely refusing to pay or by denying the indebtedness. Therefore, without discussing or deciding the other questions presented by the appellant, it is hereby ordered that the sentence of the lower court be reversed and that an order be entered dismissing the complaint and absolving the defendant from all liability under the same, with costs de oficio. It is so ordered. Torres, Mapa, and Moreland, JJ., concur.