Professional Documents
Culture Documents
GONZALEZ v. HSBC
G.R. No. 164904 | October 19, 2007 | Chico-Nazario, J.
Petitioner:
Respondent:
FACTS:
Petition for review on certiorari under Rule 45
Alleged violation of Presidential Decree No. 115, otherwise known
as the TRUST RECEIPTS LAW, in relation to Article 215(1)(b) of the
Revised Penal Code, filed by HSBC
At the time of the incident, petitioner GONZALEZ was the
Chairman and Chief Executive Officer of Mondragon Leisure and
Resorts Corporation (MLRC)
o MLRC is the owner, developer, and operator of Mimosa
Leisure Estate located at Clark Special Economic Zone
(CSEZ)
01 August 1997: Gonzalez, for and in behalf of MLRC:
o Acknowledged receipt of various golfing equipment and
assorted Walt Disney items; and
o Signed the corresponding two Trust Receipt agreements,
both in favor of respondent HSBC:
a. Trust Receipt No. xxx-xxxxxx-205 golfing
equipment
Due date: 01 September 1997
Value: HK$ 85,540
b. Trust Receipt No. xxx-xxxxx-206 Walt Disney
items
Due date: 28 January 1998
Value: HK$ 143,993.90
When the due dates came and went without word from MLRC,
HSBC (through Paula Felipe, HSBC VP for Credit Control
Department), demanded from MLRC the turnover of the proceeds
of the sale of the assorted goods covered by the Trust Receipts or
the return of said goods
ISSUE:
WON there is probable cause to hold petitioner Gonzalez liable to stand trial
for violation of P.D. 115, in relation to Art. 315(1)(b) of the Revised Penal
Code
HELD/RATIO:
YES. The Court agrees with the CA that no GADALEJ marred the assailed
resolutions of the DOJ.
Probable cause has been defined as the existence of such facts and
circumstances as would excite the belief in a reasonable mind,
acting on the facts within the knowledge of the prosecutor, that the
person charged was guilty of the crime for which he was prosecuted
In general, a trust receipt transaction imposes upon the entruestee
the obligation to deliver to the entruster the price of the sale, or if the
merchandises is not sold, to return the same to the entruster (for full
definition, see Section 4 of P.D. 115)
There are thus, two obligations in a trust receipt transaction:
1. Money received under the obligation involving the duty to
turn it over (entregarla) to the owner of the merchandise
sold;
2. Merchandises received under the obligation to return it
(devolvera) to the owner
A violation of any of the abovementioned undertakings constituted
estafa defined under Art. 315(1)(b) of the RPC as provided by
SECTION 13 of P.D. 115, viz: