Misappropriation of a piano by a repairer is estafa not theft because material (physical) and judirical possession passed to the repairer since he may retain the thing repaired even against the owner pending payment of the cost of the repair. (32 Am. Jur. 922) The juridical possession contemplated for the estafa refers to the delivery of the thing to the offender in trust, or on commission, or for administration or under any other circumstance involving the duty to deliver or return the same thing received. (Q4, 1992 Bar; Q19, 1991 Bar)

Juridical possession means a possession which gives the transferee a right over the thing which the transferee may set up even against the owner. In a case, petitioner was a cash custodian who was primarily responsible for the cash-in-vault. Her possession of the cash belonging to the bank is akin to that of a bank teller, both being mere bank employees. Petitioner therein being a mere custodian had no juridical possession over missing funds. Hence, the element of juridical possession being absent, petitioner cannot be convicted of the crime of estafa. (Chua-Burce v. CA, 109595, April 27, 2000)