FIRST DIVISION
[G.R. No. 240595. October 3, 2018.]
VIOLETA T. MATA, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated October 3, 2018 which reads as follows:
"G.R. No. 240595 (Violeta T. Mata v. People of the Philippines). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After review, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in upholding Violeta T. Mata's conviction of estafa under Article 315 of the Revised Penal Code (RPC).
The CA was correct when it found that the essence of estafa under Article 315 of the RPC is the appropriation or conversion of money or property received, to the prejudice of the owner thereof. The failure to account, upon demand, for funds or property held in trust is circumstantial evidence of misappropriation. This failure constitutes evidence of conversion of the property. In this case, petitioner failed to proffer any evidence which would have satisfactorily explained her failure to turn over the unsold jewelry or the proceeds thereof despite demand by private complainant. More, this failure clearly caused damage and prejudice to private complainant.
We likewise reiterate that the assessment of the credibility of witnesses and their testimonies is a matter which is best undertaken by the trial court. After all, the trial court is in a unique opportunity to observe the witnesses firsthand and note their demeanor, conduct and attitude. The findings of the trial court on these matters, especially when adopted by the appellate court after review, are generally binding and conclusive on this Court.
We therefore hold that the Decision of the CA is in accord with the applicable laws, the evidence on record, and well-settled jurisprudence. We find no cogent reason to depart from the findings of fact and conclusions of law reached by the CA.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated January 19, 2018 of the Court of Appeals in CA-G.R. CR No. 39124, and AFFIRMS said Decision finding accused-appellant Violeta T. Mata GUILTY beyond reasonable doubt of estafa, and sentencing her to suffer the indeterminate penalty of imprisonment of four (4) months of arresto mayor, as minimum, to one (1) year and eight (8) months of prision correccional, as maximum, and to pay private complainant actual damages in the amount of P97,500.00.
SO ORDERED." Bersamin, J., on official travel.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court