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Unformatted text preview: t payment or return the pieces of jewelry if not sold to
Quilatan, both within 30 days from receipt of the items.
Petitoner failed to pay. Quilatan required her to execute an acknowledgment receipt indicating their
agreement and the total amount due.
Unknown to Quilatan, petitioner had earlier entrusted the jewelry to one Marichu Labrador for the latter to
sell on commission basis. Petitioner was not able to collect payment from Labrador, which caused her to
likewise fail to pay her obligation to Quilatan.
For failure to settle her obligation, Quilatan executed a complaint affidavit against petitioner. Eventually an
information for estafa was filed against her.
Petitioner was able to remit P100,000.00 and returned P43,000.00 worth of jewelriy
At the start, petitioner was prompt in settling her obligation
However, subsequent payments were remitted late
She received several pieces of jewelry from Quilatan
She indeed failed to pay for the same
She entrusted the pieces of jewelry to Marichu Labrador who failed to pay for the same, thereby
causing her to default in paying Quilatan
Confirmed that she received pieces of jewelry from petitioner
She sold the jewelry to a person who absconded without paying her
In the past, she directly transacted with Quilatan for the sale of jewelry on commission basis, but due
to her outstanding account with her, she got jewelry from petitioner instead
Petitioner guilty of estafa
Affirmed the trial court
WON there was abuse of confidence on petitioner’s part in entrusting the jewelries to her subagent
It must be pointed out that the law on agency in our jurisdiction allows the appointment by an agent of a
substitute or subagent in the absence of an express agreement to the contrary between the agent and the
principalIn the case at bar, the appointment of Labrador as petitioner’s subagent was not expressly 24 prohibited by Quilatan,...
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This document was uploaded on 03/11/2014.
- Fall '14