DISPOSITIVE:

WHEREFORE, the petition is GRANTED. The Decision dated
January 7, 2021 of the Cou11 of Appeals in CA-G.R. CR No. 39899
is REVERSED and SET ASIDE. Petitioner Conrado Fernando, Jr. is
ACQUITTED of the crime ofEstafa in Criminal Case No. Q-07-148522
as his guilt was not proven beyond reasonable doubt. The Branch 216,
Regional Trial Court, Quezon City is ORDERED to CANCEL the cash
bail bond and return the same to petitioner.

Let entry of judgment be issued immediately.

SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PETITIONER ONLY ACTED ON BEHALF OF THE COMPANY, AIRWARD. HE WAS JUST A MERE EMPLOYEE.. THUS, WHEN HE RECEIVED FROM THE COMPLAINANT THE AMOUNT OF PHP 37,400.00,
PETITIONER CANNOT BE FAULTED WHEN PRIVATE COMPLAINANT’S TRIP TO HONG KONG,
WHICH WAS ORIGINALLY BOOKED IN AIRWARD, DID NOT MATERIALIZE.

From Arevalo’s testimony, it can be concluded that Airward’s
promotional tour packages through the book and buy arrangement
with an IATA-member travel agency is an accepted practice among
travel agencies.

The RTC likewise erred when it failed to appreciate petitioner’s
defense that he was a mere employee of Airward. 52 The fact that petitioner
was indeed an employee of Airward was confirmed by Fernando, who was
a bookkeeper in Airward from 2004 to 2007. 53 Also, from the records,
Fernando was presented in court to prove that Airward is a legitimate
business entity owned by Melinda Estanislao. 54

Considering the foregoing, petitioner can be said to have only acted
for and on behalf of Airward when he transacted with private complainant
and when he received from the latter the amount of PHP 37,400.00. Thus,
petitioner cannot be faulted when private complainant’s trip to Hong Kong,
which was originally booked in Airward, did not materialize.

Likewise, petitioner’s attempt to reimburse private complainant
through his personal check cannot be taken against him . This fact is not
enough in establishing the guilt of petitioner for the crime of Estafa.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

scd-2024-0002-conrado-fernando-jr.-vs.-people-of-the-philippinesDownload

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.