G.R. No. L-41054 Case Digest

G.R. No. L-41054, November 28, 1975

Jose Gamboa and Units optical supply company, petitioners

vs. CA and Benjamin Lu Hayco, respondents

Ponente: Martin

Facts:

This is a petition to review on the judgment of CA involving the theory of continuous crime.

Haycu was a former employee of Units optical with 124 complaints of estafa files against him by the company with the office of city fiscal of manila. after the procedural PI, fiscal filed 75 cases of estafa against Haycu, except as to the dates and amounts of conversions, the 75 informations commonly charge that Haycu having collected and received customers of the company the purchase of goods has converted the sum of money he collected to his own personal account with a bank.

A civil action for accounting was filed also by the owner of the company against Haycu complaining that Haycu initiated discharging the business functions and prerogatives of the company thru deceit and machinations that the owner affixing his signatures to the power of attorney to open account in the bank.

Haycu appealed to the CA to reversed the order of the lower court.asserting that the 75 criminal cases is not only oppressing but also out of the jurisdiction of the city fiscal of manila. asserting also that the 75 were mere components of only one crime.

CA ruled that, with intent Haycu defraud his employer to sign the power of attorney, and the series of deposits made by Haycu constitutes one crime of estafa, there being one criminal resolution and the different acts were aimed at accomplishing the purpose of defrauding his employer.

But the characterization of the estafa as continuing offense cannot be validly seize by haycu because the elements of estafa may separately take place in different jurisdiction until the crime is consummated. and the series of deposits of the company's funds to his personal account is treated separately from that of the case of the power of attorney.

CA is hereby set aside and reversed.