BARRAMEDA VS COURT OF APPEALS 313 SCRA 477

Facts: Lolita Watanabe, a Filipino working in Japan, sent money to her mother in the Philippines through Wilma Barrrameda, the accused, in dollars and yen (equivalent to P50,000.00) which she counted and placed in an envelope. Paguinto, Watanabe’s mother called her that day, and she informed the former of the money that she sent through Barrameda. The accused arrived and Paguinto met her at the NAIA where she inquired about the remittance. Barrameda informed her that she had misplaced the money, although it may still be in her baggage. Appellant promised to deliver the money the following morning but she never did. Despite repreated demands, appellant never gave the money to Paguinto. A charge for estafa was filed before the RTC of Pasay. Accused denied having received the money and alleged that not a single element of the crime occurred within the territorial jurisdiction of the RTC, Pasay City.


Issues:
1) Whether the Regional Trial Court of Pasay has jurisdiction over the case.
2) Whether the element of demand required to prove Estafa through Misappropriation was adequately proven.


Held: The accused was charged with the crime of estafa through misappropriation or conversion. The elements of said crime are: 1) money, goods, or other personal property is 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; 2) that there be misappropriation or conversion of such money or property by the offender or denial on his part of such receipt; 3) that such misappropriation or conversion or denial is to the prejudice of another; and that there is a demand made by the offended party on the offender. In all criminal prosecutions, the action shall be instituted and tried in the court of the municipality or territory wherein the offense was committed or where any of the essential ingredients thereof took place.

A demand was made by the mother of Watanabe at the NAIA which is within the territorial jurisdiction of the RTC of Pasay City. The presence of Paguinto at the airport was for no other purpose but to demand the money entrusted to Barrameda. The word “demand” need not be used to show that demand was indeed made. A query as to the whereabouts of the money is tantamount to a demand.