Practice question
A cashier receives customer payments solely for her employer, with only material custody and no independent juridical right over the money. She takes the money for personal gain without the employer's consent. Grave abuse of confidence and the other qualified-theft facts are adequately alleged and proved. Following Reside and the 2025 Buenaflor main decision, which classification is supported?
- Estafa necessarily follows from every receipt of money.
- Qualified theft, because juridical possession remained with the employer and the qualifying abuse is proved.
- No crime because initial custody was authorized.
- Only a civil loan because she handled cash.
- Indirect bribery because she received payments.
Legal references
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 293, 308 and 310, as amended.
- RA 10951, current amended RPC provisions and monetary thresholds: https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html; Sections 81 and 85, amended Articles 309 and 315.
- Buenaflor v Office of the Secretary of Justice, G.R. No. 277067, May 7, 2025, main decision, juridical possession and Article 315(1)(b): https://lawphil.net/judjuris/juri2025/may2025/gr_277067_2025.html
- Reside v People, G.R. No. 210318, July 28, 2020, main decision, material possession and qualified theft: https://lawphil.net/judjuris/juri2020/jul2020/gr_210318_2020.html
- People v Esugon, G.R. No. 195244, June 22, 2015, main decision, prior intent to rob and robbery with homicide: https://lawphil.net/judjuris/juri2015/jun2015/gr_195244_2015.html
- RA 10883, Section 3, current carnapping definition: https://lawphil.net/statutes/repacts/ra2016/ra_10883_2016.html
- RA 7659, Sections 6–9, amended murder, infanticide, kidnapping and robbery provisions, subject to RA 9346 death-penalty prohibition: https://lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html; Article 294.
- RA 9346, Sections 1–4, death-penalty prohibition, substitute penalties and clemency: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html
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