In 1999, Margie Balerta, then working as a cashier of a cooperative in Balasan, Iloilo, was accused of estafa for her failure to account for money amounting to Php185,000.00 which were turned over to her by collectors of the cooperative. She was convicted by the trial court and her conviction was affirmed by the Court of Appeals.
ISSUE: Whether or not Balerta’s conviction is proper.
HELD: No. Balerta never had juridical possession of the alleged money collected. She only had material possession.
The elements of estafa are:
a. That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same, even though the obligation is guaranteed by a bond;
b. That there be misappropriation or conversion of such money or property by the person who received it, or a denial on his part that he received it;
c. That such misappropriation or conversion or denial is to the prejudice of another; and
d. That there be demand for the return of the property
In order for the first element to be met, juridical possession must be proved.
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, Balerta was a mere cash custodian who was primarily responsible for the cash-in-vault. Her possession of the cash belonging to the cooperative is akin to that of a bank teller, both being mere bank employees. She was in possession of the money as a cashier and not as an agent of the cooperative.
