Lessons Applicable: Corporate Criminal Liability (Criminal Procedure)
FACTS:
- Sia was the President and General Manager of the Metal Manufacturing of the Philippines Inc. (MEMAP)
- He obtained 150 M/T Cold Rolled Sheets consigned to Continental Bank and converted it into personal used instead of selling it and turning over the proceeds
- It resulted to a damage of 46,819 php, interest of 28,736.47 php and forfeited deposit of 71,023.60 php
ISSUE: W/N Sia can be criminally charged.
HELD: NO. Acquit.
- Sia did not act for and on behalf of MEMAP
- For crimes committed by corp. officers criminally charged, existence of criminal liability for which the petition is being prosecuted must be clear and certain, here it may not be said to be beyond reasonable doubt
- Allegation v. evidence = strictly in harmony
- The merchandise was manufactured before sold but although the bank was aware of this, it was not in the trust agreement
