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Acquittal of Chua-Burce in Estafa Case

Cristeta Chua-Bruce was accused of stealing 150,000 pesos found missing from her employer Metrobank's vault. She was the bank's cash custodian. After four investigations, she was found primarily responsible and terminated. Metrobank filed both a civil and criminal case against her. She was found guilty in both cases but appealed, arguing she did not have juridical possession over the funds as required for an estafa conviction. The Supreme Court agreed, finding her role as cash custodian did not grant her juridical possession. As she lacked this essential element, she was acquitted of estafa.

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798 views2 pages

Acquittal of Chua-Burce in Estafa Case

Cristeta Chua-Bruce was accused of stealing 150,000 pesos found missing from her employer Metrobank's vault. She was the bank's cash custodian. After four investigations, she was found primarily responsible and terminated. Metrobank filed both a civil and criminal case against her. She was found guilty in both cases but appealed, arguing she did not have juridical possession over the funds as required for an estafa conviction. The Supreme Court agreed, finding her role as cash custodian did not grant her juridical possession. As she lacked this essential element, she was acquitted of estafa.

Uploaded by

Adi Lim
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CRISTETA CHUA-BURCE, petitioner,

vs.
COURT OF APPEALS AND PEOPLE OF THE
PHILIPPINES, respondents.
G.R. No. 109595
April 27, 2000

QUISUMBING, J.:

FACTS:

Ramon Rocamora, manager of Metrobank, requested Fructuoso Penaflor,


Assistant Cashier, to conduct a physical bundle count of cash inside the
vault, which should total to P4 million. They found out that there was a
shortage of P150,000. After 4 investigations conducted by the bank and
NBI, all of these concluded that there was a shortage of P150,000.00, and
the person primarily responsible was the banks Cash Custodian, Cristeta
Chua-Burce, the herein accused. Accused was terminated from service.

To recover the missing amount, Metrobank filed a civil case against


petitioner and her husband, Antonio Burce. A crime for estafa was also filed
against the petitioner. The accused prayed for suspension of criminal case
due to a prejudicial question. It was first granted but denied by the CA. The
criminal and civil cases continued.

The criminal case ruled that she was guilty of estafa. The civil case also
found her liable for the shortage of P150,000. She appealed both rulings to
the CA but the court affirmed the two trial court rulings.

Hence, this petition.

ISSUE:

Whether or not the element of juridical possession is present for petitioner to


be convicted for estafa

RULING:
The first element is absent. When the money, goods, or any other personal
property is received by the offender from the offended party (1) in trust or
(2) on commission or (3) for administration, the offender acquires both
material or physical possession and juridical possession of the thing
received. Juridical possession means a possession which gives the transferee
a right over the thing which the transferee may set up even against the
owner. In this case, petitioner was a cash custodian who was primarily
responsible for the cash-in-vault. Her possession of the cash belonging to the
bank is akin to that of a bank teller, both being mere bank employees.

Petitioner herein being a mere cash custodian had no juridical possession


over the missing funds. Hence, the element of juridical possession being
absent, petitioner cannot be convicted of the crime of estafa under Article
315, No. 1 (b) of the Revised Penal Code.

The petition is granted and petitioner is ACQUITTED of the crime of estafa


under Article 315 (1) (b) of the Revised Penal Code.

CRISTETA CHUA-BURCE, petitioner, vs. COURT OF APPEALS AND PEOPLE OF THE PHILIPPINES, respondents. G.R. No. 109595 April
The first element is absent. When the money, goods, or any other personal property is received by the offender from the offe

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