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1298

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Republic of the Philippines

EN BANC

G.R. No. 1298 January 14, 1904

THE UNITED STATES, complainant-appellee,

Del Pan and Ortigas for appellant.

TORRES, J.:

On the 7th of March of this year a complainant was filed by the provincial fiscal in the Court of First Instance of
Batangas, charging the defendant, Juan Singuimuto, with the offense of estafa. The complainant stated that
Sanguimuto had received in the town of Batangas, capital of the province of the same name, 300 sacks of rice from
Lieutenant William H. Bell, while the latters was the commissionary officer of the United States military detachment
stationed at that place, and that it was his duty to buy, sell, and distribute the Government supplies in said province.
These sacks the defendant had obtained by means of two orders issued in favor of the defendant by Lieutenant
Bell. One of these orders was for 100 sacks of rice, the value whereof amounted to $525, Mexican, at the rate of
$5.25, Mexican, per sack, and was issued on or about the 16th day of July, 1902. The other order, for 200 sacks,
valued at $1,050, Mexican, at $5.25, Mexican, for each sack, was issued on or about the 13th day of October, 1902.
The accused received these 300 sacks of rice for sale on commission and was to deliver their value to Lieutenant
William H. Bell, through the municipal president, Jose Villanueva. Singuimuto not only failed to make delivery of the
proceeds of the sale, but denied ever having received the 300 sacks of rice, all of which was in violation of the law.

The facts alleged are fully proven by oral as well as by circumstantial evidence. The offense committed is that of
estafa, under No. 3 of article 534 and No. 5 of article 535 of the Penal Code, inasmuch as the defendant
appropriated to himself, to the prejudice of the Government 300 sacks of rice which had been delivered to him for
sale on commision and subsequently denied that he had received it. There was furthermore, no proof that he had
paid the Government the value of the rice. Although the accused pleaded not guilty, the record contains sufficient
evidence to fully convince the mind as to his guilt of the offense of estafa.

The two orders issued and signed by Lieutenant Bell, one addressed to Sergeant Stringnits on the 16th of July,
1902, directing him to deliver to the defendant, Singuimuto, 100 sacks of rice, and the second, addressed to James
C. White, on the 13th of October of the same year, directing the delivery to Singuimuto of 200 sacks of rice, both of
which orders were duly entered in the Lieutenant's books, established the facts charged against the accused.
Although Seargent Stringnits did not testify in the case, he having returned to the United States, James C. White,
the employee, who after the departure of Stringnits was in charge of the Government's rice warehouse, testified to
having delivered, about the middle of October, 1902, 200 sacks of rice to Isabelo Javier, a representative or agent of
Juan Singuimuto, by virtue of the order issued in the latter's favor by Lieutenant William H. Bell. This witness
identified the order, which is shown on folio 21 of the record. On it appears a note written by him to the effect that
the 200 sacks of rice had been taken from two divisions of the warehouse, and that he delivered the rice to Isabelo
Javier as agent of Singuimuto, whom he had never seen in the warehouse, which is located on the beach. White
also stated that Javier was always the one who presented the orders for the delivery of rice, and that he knew
Singuimuto by sight as one of the drawers and sellers of the rice because he had seen him in his store.

Lieut. William H. Bell testified that he had issued the two orders in question for the delivery of the rice to Juan
Singuimuto, which has received by the latter or by his agent, Isabelo Javier, and that although the defendant had
profited thereby he not only failed to pay the value of the rice but denied having received it. Lieutenant Bell further
stated that the two orders were returned to him by the warehouse keeper after the rice had been issued, and were
entered by him in his books; that Singuimuto had been appointed a seller of Government rice under a $300 bond;
that it had been agreed between the witness and the defendant, Singuimuto, that the latter should pay $5.25,
Mexican, for each sack, which he might dispose of for 6 pesos, the difference between the two prices being the
commission due the seller, and that it had further been agreed that the proceeds of the rice sold were to be
delivered to the municipal president, who, in his turn, should turn it over to the witness; that Singuimuto had never
made delivery of any amount to the president, so that in the latter's books Singuimuto's indebtedness for, this rice
appears unpaid; that upon comparing the president's books with the witness's, it being observed that the defendant
had not paid for the 100 sacks of rice taken on July 16 and the 200 sacks withdrawn on the 13th of October,
payment therefor was demanded, and that the defendant, Singuimuto, denied having received the rice. The witness
also stated that Singuimuto did not speak Spanish, and that transactions between himself and the defendant were
carried on through Isabela Javier, who accompanied Singuimuto when the latter made requisition for rice, and that
according to the instructions given all orders or chits issued for the delivery of rice were to be presented to the
president for notation by him, a rule which Singuimuto failed to comply with.

The president, Jose Villanueva, corroborated the above testimony, stating that Singuimuto was a seller of
Government rice, and like others, was in the habit of taking it on credit; that the understanding was that the orders
on the strength of which the rice was issued were to be presented to the president; that the defendant did not
comply with this rule in the case of the two orders referred to, but went directly to withdraw the rice, so that no entry
of the orders had been made in the president's books.

Isabelo Javier testified that, as a friend of Singuimuto, he had once introduced the defendant to Lieutenant Bell,
asking him to give the defendant orders for the delivery of rice, and that he acted as interpreter between the two in
the conversation which ensued; that on October 14 he, in company with Gregorio Mendoza, a son-in-law of the
defendant, had withdrawn in the name of Singuimuto 100 sacks and on the 15th 200 sacks of rice, which was
received and paid for by Singuimuto. This witness, however, denied having taken any rice on the 13th of October,
and did not recognize the two above-mentioned orders.
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