Confidence abused must be immediate, personal

For this aggravating circumstance to exist, it is essential to show that the confidence between the parties must be immediate and personal such as would give the accused some advantage or make it easier for him to commit the criminal act. The confidence must be a means of facilitating the commission of the crime, the culprit taking advantage of the offended party's belied that the former would not abuse said confidence. In this case, while the victim may have intimated her fear for her safety for which reason she entrusted her jewelry and bank book to Erlinda Arrojado Magdaluyo, her fears were subsequently allayed as shown by the fact that she took back her personal effects from Erlinda. Thinking that accused-appellant would not do her any harm, because he was after all her first cousin, the victim allowed accused-appellant to sleep in the same room with her father and left the bedroom doors unlocked. (G.R. No. 130492; January 31, 2001)