SIQUIAN v PEOPLE SIQUIAN v PEOPLE March 13, 1989 | Cortes, J
March 13, 1989 | Cortes, J.. | Falsification of public documents | Falsification of public documents PETITIONER
PETITIONER : Manuel L. i!uian: Manuel L. i!uian RESPONDENTS
RESPONDENTS: "he #eople of the : "he #eople of the #hilippines, and "he Court of $ppeals#hilippines, and "he Court of $ppeals SUMMARY
SUMMARY: i!uian appointed Jesusa Carreon as a cler% in the office of the: i!uian appointed Jesusa Carreon as a cler% in the office of the municipal secretar&, sa&in' that her salar& (ould be included in the bud'et. municipal secretar&, sa&in' that her salar& (ould be included in the bud'et. )pon her appointment, a certification of the a*ailabilit& of funds (as issued b& )pon her appointment, a certification of the a*ailabilit& of funds (as issued b& i!uian and addressed to the CC. +o(e*er, it must be noted that the municipal i!uian and addressed to the CC. +o(e*er, it must be noted that the municipal council of sabela failed to enact the annual bud'et for the pre*ious Fiscal -ear council of sabela failed to enact the annual bud'et for the pre*ious Fiscal -ear 19/
19/019019. 2o . 2o positposition for ion for cler% in cler% in the office of the office of municmunicipal secretar& (asipal secretar& (as a*ailable. Carreon (or%ed for / months but did not recei*e her salar& of 14 a*ailable. Carreon (or%ed for / months but did not recei*e her salar& of 14 pesos, e*en upon
pesos, e*en upon approachin' the municipal treasurer. i!uian (as approachin' the municipal treasurer. i!uian (as found 'uilt&found 'uilt& of falsification of public documents. $ll the elements for falsification (ere met of falsification of public documents. $ll the elements for falsification (ere met especiall& (hen i!uian stated that funds (ere a*ailable for the position to especiall& (hen i!uian stated that funds (ere a*ailable for the position to (hich Jesusa Carreon (as appointed (hen he %ne( that, in realit&, the position (hich Jesusa Carreon (as appointed (hen he %ne( that, in realit&, the position itself did not e*en e5ist and no funds had been appropriated.
itself did not e*en e5ist and no funds had been appropriated. DOCTRINE
DOCTRINE: "he elements of : "he elements of falsifalsificatification of on of publpublic documentic documents are: s are: 6a7 "hat6a7 "hat the offender ma%es in a document untruthful statements in a narration of facts the offender ma%es in a document untruthful statements in a narration of facts 6b7 that he has a le'al obli'ation to disclose the truth of the facts narrated b& 6b7 that he has a le'al obli'ation to disclose the truth of the facts narrated b& him and 6c7 that the facts narrated
him and 6c7 that the facts narrated b& the offender are absolutel& false.b& the offender are absolutel& false.
FACTS: FACTS:
1.
1. Jesusa CaJesusa Carreon (erreon (ent to the ont to the office office of Manuef Manuel i!uil i!uian, the muan, the municipnicipal ma&or al ma&or of sabela, to appl& for a ob in the
of sabela, to appl& for a ob in the office of the ma&or.office of the ma&or. .
. i!ui!uian then aian then appoippointed hented her as a cler% in thr as a cler% in the office office of the mune of the municipaicipal secretal secretar&r& and e*en said that her salar& (ould be included in the
and e*en said that her salar& (ould be included in the bud'et.bud'et. 3.
3. $ccomp$ccompan&inan&in' her appo' her appointmenintment is the certt is the certificatification, amoion, amon' othn' others, of thers, of thee a*ailabilit& of funds throu'h a form issued b& i!uian and addressed to the a*ailabilit& of funds throu'h a form issued b& i!uian and addressed to the CC, pursuant to the re!uirements of the latter.
CC, pursuant to the re!uirements of the latter. .
. t shout should be notld be noted that thed that the Munice Municipal couipal council of ncil of sabelasabela, failed to e, failed to enact thenact the annual bud'et for the municipalit& for
annual bud'et for the municipalit& for the Fiscal -ear 19/0.the Fiscal -ear 19/0. /.
/. $s such, the annu$s such, the annual bud'al bud'et for et for the pre*the pre*iouious s FisFiscal cal -e-ear 19ar 190/0/, , (as(as deemed re0enacted. 2o such position e5isted then.
deemed re0enacted. 2o such position e5isted then. .
. CarreoCarreon (or%n (or%ed for fied for fi*e mont*e months and (ahs and (as suppos supposed to resed to recei*e hecei*e her salar& or salar& of f #14. he approached the municipal treasurer to as% for the mone& but the #14. he approached the municipal treasurer to as% for the mone& but the lat
latter said ter said thathat t thethere re (as no (as no monmone& e& &e&et. t. he then sued he then sued i!i!uiauian n for for falsification of a public document.
falsification of a public document. .
. "he ;""he ;"C and C$ ruC and C$ ruled in fa*oled in fa*our of Carrur of Carreon. i!eon. i!uian inuian interpoterposed the defsed the defenseense of a lac% of criminal intent.
of a lac% of criminal intent.
ISSUES: ISSUES:
1.
1. <a<as i!uis i!uian 'uian 'uilt& of falt& of falsificlsification oation of publf public docuic documentsments= 0 ->= 0 -> RULING:
RULING:<+>;>F?;>, the appealed decision bein' in conformit& (ith la( and<+>;>F?;>, the appealed decision bein' in conformit& (ith la( and settl
settled ed urisurisprudprudence, the ence, the same is same is $FF$FF;M>@ and ;M>@ and the instant petition is the instant petition is hereb&hereb& @>2>@.
@>2>@. RATIO: RATIO:
1.
1. +e (as foun+e (as found 'uilt& ud 'uilt& under par of arnder par of art 11, Ama%it 11, Ama%in' untn' untruthfruthful stateul statementsments in a
in a narranarration of factsB the elements of tion of factsB the elements of (hich are: 6a7 "hat the offend(hich are: 6a7 "hat the offender er ma%es in a document untruthful statements in a narration of facts 6b7 that ma%es in a document untruthful statements in a narration of facts 6b7 that he has a le'al obli'ation to disclose the truth of the facts narrated b& him he has a le'al obli'ation to disclose the truth of the facts narrated b& him and 6c7 that the facts narrated b&
and 6c7 that the facts narrated b& the offender are absolutel& false.the offender are absolutel& false. .
. n this casen this case, all the , all the eleelemenments for falsits for falsificficatiation (ere met espeon (ere met especiaciall& (hell& (henn i!uian stated that funds (ere a*ailable for the position to (hich Jesusa i!uian stated that funds (ere a*ailable for the position to (hich Jesusa Carreon (as appointed (hen he %ne( that, in realit&, the position itself did Carreon (as appointed (hen he %ne( that, in realit&, the position itself did not e*en e5ist and no funds had been appropriated.
not e*en e5ist and no funds had been appropriated. 3.
3. t is furtt is further boher bolstlstered b& thered b& the fact thae fact that (hen the but (hen the bud'ed'et (as deemet (as deemed re0d re0 enacted, there is no such position as Cler% to the Municipal ecretar&, the enacted, there is no such position as Cler% to the Municipal ecretar&, the position to (hich Carreon (as appointed. $
position to (hich Carreon (as appointed. $nd there is also no appropriationnd there is also no appropriation made in the $nnual ud'et for the Fiscal -ear 190/ for such position, made in the $nnual ud'et for the Fiscal -ear 190/ for such position, thus renderin' i!uianDs statement in his certification utterl& false.
thus renderin' i!uianDs statement in his certification utterl& false. .
. i!i!uiauian also had the le'n also had the le'al oblial obli'at'ation to dision to discloclose the trutse the truth of h of sucsuch factsh facts.. )nd
)nder er the the ci*ci*il il serser*ic*ice e rulrules es and and re're'ulaulatiotions, ns, a a certcertifiificatcation ion of of thethe a*ailabilit& of funds for the position to be filled up is re!uired to be si'ned a*ailabilit& of funds for the position to be filled up is re!uired to be si'ned b& the head of
b& the head of office or an& officer (ho office or an& officer (ho has been dele'ated the has been dele'ated the authorit& toauthorit& to si'n.
si'n. /.
/. $s an off$s an officer authicer authoriseorised b& la( to issd b& la( to issue the certue the certificatification, iion, i!uian h!uian has a le'alas a le'al obl
obli'ai'atiotion n to disclto disclose the ose the trutruth of th of the facts narratthe facts narrated ed b& him b& him in saidin said certification (hich includes information as to the a*ailabilit& of the funds certification (hich includes information as to the a*ailabilit& of the funds for the position bein' filled up.
for the position bein' filled up. .
. +e also too+e also too% ad*an% ad*anta'e of hita'e of his officis official posial position in ftion in falsif&alsif&in' the doin' the documencument.t. $buse of public office is considered present (hen the offender falsifies a $buse of public office is considered present (hen the offender falsifies a document in connection (ith
document in connection (ith the duties of the duties of his office (hich consist of either his office (hich consist of either ma%in
ma%in' or ' or prepapreparin' or rin' or otherother(ise inter*en(ise inter*enin' in in' in the preparatithe preparation of on of aa document. n this case, i!uian (as char'ed (ith the dut& of issuin' the document. n this case, i!uian (as char'ed (ith the dut& of issuin' the certification necessar& for the appointment of Carreon.
certification necessar& for the appointment of Carreon. .
. LasLastl&tl&, the e5ist, the e5istencence of e of a (ron'a (ron'ful intful intent to inuent to inure a re a thithird persrd person is noton is not necessar& (hen the falsified document is a public document. "he C relied necessar& (hen the falsified document is a public document. "he C relied on the Eo "io% case in statin' that (ron'ful intent on the part of an accused on the Eo "io% case in statin' that (ron'ful intent on the part of an accused to inur
to inure e a a thithird persord person n is not is not an essentan essential elemeial element of nt of the crime of the crime of falsification of public document.
falsification of public document. 8.
8. "his is beca"his is because the prinuse the principal thcipal thin' punin' punished in faished in falsif&lsif&in' pubin' public documlic documentsents is the *iolation of the public faith and the destruction of truth.
is the *iolation of the public faith and the destruction of truth. 9.
that there (as no bud'et nor an open position for the cler% of the municipal secretar&.
Nizurtado v. Sandian!a"an
@ec , 199 | ")E, J. | PETITIONER : Feli5 2iGurtado
RESPONDENTS: andi'anba&an and #eople of the #hilippines
SUMMARY: $ccused (as a aran'a& Captain (as 'i*en #14,444 supposedl& used for the aran'a& Li*elihood #ro'ram (hich the HHH ecratariat (ould appro*e, selected from the modules de*eloped b& HHH. nstead, he loaned the mone& out to himself and other council members in the amount of #/44 and #1444. +e induced the aran'a& "reasurer to si'n the unaccomplished resolution indicatin' that the mone& (as appro*ed and (as to be used for a " hirt Manufacturin' proect.
FACTS:
1. nformation accused Feli5 2iGurtado of ha*in' committed C?M#L>I C;M> of mal*ersation of public funds throu'h falsification of public documents . <hen arrai'ned, he pleaded 2?" 'uilt&
3. andi'anba&an factual findin's:
a. $ccused (as baran'a& captain of Malabon from 198301988
b. $ccused and Manuel ;omero 6aran'a& "reasurer7 attended a seminar about the aran'a& Li*elihood #ro'ram of the Ministr& of +uman ettlements 6M+7, Metro Manila Commission 6MMC7 and Hilusan' Habuha&an at Haunlaran 6HHH7 (here he could a*ail loans to finance proects, (hich (ould be identified b & the aran'a& Councils from the
modules de*eloped b& HHH.
c. "he accused recei*ed the chec%, (hich could onl& be encashed upon submission to the ecretariat of a resolution appro*ed b& the aran'a& Council indentif&in' the proect for (hich the loan (ould be used. +e entrusted the chec% to ;omero.
d. "he aran'a& Council dicussed the proect in (hich to in*est the mone& but the meetin' ended (ithout a decision.
e. $ccused 'ot the chec% from ;omero, sa&in' he (ould 'i*e it bac% since the& could not decide on the proect and si'ned the receipt dated $u' , 1983 Ato be returned to the MMCB
f. Fe( da&s later, accused told ;omero to si'n an unaccomplished resolution sa&in' that the MMC (as hurr&in' up the matter. $nother ocuncilman (as also as%ed to si'n this unaccomplished letter (hich did not indicated the proect to be underta%en.
'. "he resolution (as later accomplished b& indicatin' a "0 +;"
M$2)F$C");2E proect instead.
h. $ccused then encashed the chec% and re0lent the cash proceeds to himself and other members of the council at #1444 and #/44
i. <hen accused (as on lea*e he instructed the actin' baran'a& captain to collect from ;omero and EomeG 6(ho had not borro(ed an& amount from the said funds7 (hich prompted them to ma%e in!uiries.
. ;omero and EomeG lea rned that there (as ne*er a meetin' that adopted the " shirt manufacturin' as the li*elihood proect, neither (as the accused authoriGed b& the Council to submit such proect.
%. ;omero and EomeG filed a complaint (ith the ?ffice of the "anodba&an. l. "he members (ho borro(ed mone& from the loan returned their
respecti*e loans, and 2iGurtado remitted the pa&ments to the MMC. . "he andi'anba&an con*icted 2iGurtado for mal*ersation of public funds
committed throu'h falsification of public document (ith miti'atin' circumstances. 2o prounouncement to ci*il liabilit& as there (as restitution to the amount mal*ersed.
/. +is M; (as denied so he filed the instant petition for certiorari alle'in' that the andi'anba&an committed E$@$L>J in findin' him 'uilt&.
ISSUES:
<o2 2iGurtado is 'uilt& of the crime of the comple5 c rime of mal*ersation of public funds throu'h falsification of public documents
RULING:
@ecision of andi'anba&an $FF;M>@ RATIO:
• olEen a'rees (ith andi'anba&an in all aspects e5cept that he committed the crime of falsification of a public document, ho(e*er the court ruled that )2L> the findin's of fact of the andi'anba&an are bereft of substantial e*idence, the findin's are 2@2E on this court.
• >lements of Mal*ersation 6art 17 6all elements (ere satisfied, hence, 'uilt&7 o ?ffender is a public officer
o Custod& or control of funds b& reason of his office
o Funds in*ol*ed are public funds for (hich he is accountable o +e has misappropriated, or consented to, or throu'h abandonment
or ne'li'ence permitted the ta%in' b& another person of such funds • "here could be no ustification in loanin' the said funds to council members as
these (ere not amon' the modules in (hich the HH H ecretariat could select • <ith re'ard falsification of public document, the court ruled that the document
need 2?" be an authentic official paper since its simulation is the essence of falsification. o the si'natures appearin' thereon, need 2?" be necessaril& be for'ed. $ccused still falsified that there (as a meetin' that too% place appro*in' such "0shirt manufacturin' proect.
• Court also found another miti'atin' circumstance, praeter intentionem, apart from *oluntar& surrender and restitution 6total of 37
Fa#$%a v. E&'ar$a%
1 2o*ember 1988 | #adilla, J. | $rt. 11 Falsification b& public officer, emplo&ee or notar& or ecclesiastical minister no abuse of public office
PETITIONER : Felipe Fael'a
RESPONDENTS: +on. ;omeo M. >scareal, +on. Conrado M. Molina and +on. ;amon . Jabson, Members, econd @i*ision, andi'anba&an
SUMMARY: $blat si'ned and e5ecuted a @eed of $bsolute ale of a used Ha(asa%i motorc&cle in fa*or of pro*incial 'o*ernment of atanes, represented b& #ro*incial >n'r. Castilleos. "he said motorc&cle (ould be used b& #ro*incial $uditor alisi. +o(e*er, the motorc&cle (as still re'istered in #etitioner Fael'aKs name instead of $blatKs. "he sale of the motorc&cle (as not consummated since alisi resi'ned and Mrs. $lcantara, the ne( #ro*incial $uditor, didnKt need to use it. o Mrs. $lacantara 'a*e all the documents related to the sale to #etitioner Fael'a, (ho in turn, %ept it in the cabinet in the #ro*incial $uditorKs ?ffice. )nfortunatel&, the said papers (ere burned (hen a fire occurred in the office. o no(, #ro*. Castilleos, $blat and Fael'a (ere indicted for ;$ 3419 but the& (ere ac!uitted. n separate cases, petitioner and co0accused (ere con*icted of Falsification of #ublic @ocument under #ar , $rt. 11 and nfidelit& in the Custod& of #ublic @ocuments under #art. , $rt. of ;#C. "he C ac!uitted petitioner. Fael'a (as not ma%in' untruthful narration of facts because $blat (as reall& the o(ner of the motorc&cle. $side from that, malicious intent (as absent. Most importantl&, Fael'a could not abuse his position as a dri*er in falsif&in' a document. Fael'a (as also ac!uitted in the
other criminal case 6nfidelit& in the Custod& of #ublic @ocuments7
DOCTRINE: n the falsification of public or official document under $rt. 11 of the ;e*ised #enal Code, it is not $nou( t(at t($ )a%&i)i'ation !$ 'o**itt$d !" a +u!%i' o))i'$r, it i& a%&o n$'$&&ar" t(at it &(ou%d !$ 'o**itt$d !" a +u!%i' o))i'$r -it( a!u&$ o) (i& o))i'$B
FACTS:
• ?n / 2o*ember 199, $blat si'ned and e5ecuted a @eed of $bsolute ale of a used Ha(asa%i motorc&cle for #8,/44 in fa*or of pro*incial 'o*ernment of atanes represented b& #ro*incial >n'r. Castilleos
o Motorc&cle (ould be used b& #ro*incial $uditor alisi
• "he motorc&cle (as still re'istered in the name of petitioner Fael'a, a messen'er0dri*er in the ?ffice of #ro*incial $uditor, instead of seller $blat
o Fael'a bou'ht the motorc&cle in 198 for #/,944 • ale of the motorc&cle (as not consummated
o alisi resi'ned and $lcantara, the ne( pro*incial auditor, deemed it impractical for her o(n use
o Mrs. $lcantara 'a*e the cancelled *ouchers and other supportin' documents related to the sale to petitioner Fael'a
Fael'a placed the documents in a cabinet in #ro*incial $uditorKs office, (hich (as burned (hen a fire occurred • #etitioner, #ro*incial >n'r. Castilleos and $blat (ere indicted for *iolation
of $nti0Eraft and Corrupt #ractices $ct 6;$ 34197
o ;eason: en'a'in' in a transaction preudicial to the 'o*ernment o ;ulin': "he& (ere ac!uitted because the 'raft char'ed (as not
consummated
• +o(e*er, in separate criminal cases, the& (ere con*icted of Fa%&i)i'ation o) Pu!%i' Do'u*$nt und$r Par. / Art. 010 o) RPC and nfidelit& in the Custod& of #ublic @ocuments under #ar. , $rt. of ;#C
o #etitioner mo*ed for reconsideration of the decisions • Sandian!a"an ru%in
o #etitioner and his co0accused ui%t" o) )a%&i)i'ation o) +u!%i' do'u*$nt t(rou( r$'2%$&& i*+rud$n'$ as defined and penaliGed under $rticle 11 67 in relation to $rt. 3/ 617 of the ;e*ised #enal Code
• P$tition$r3& 'ont$ntion: he cannot be 'uilt& of par 67 or 67 of $rt. 11 o 2ot a part& to the @eed of $bsolute ale
o +e did not impersonate an&one for the furtherance of sale o Moti*e and intent to falsif& (as baseless
"here reall& (as a contract of sale bet(een him and $blat months prior the !uestioned sale bet(een $blat and pro*incial 'o*ernment of atanes
o $ssumin' there (as falsification, no con*iction can lie because no material dama'e (as caused to the 'o*ernment due to non0 consummation of sale
• So%i'itor G$n$ra%: there (as an offense of falsification under par. $rt. 11
o Claim of the petitioner that $blat (as the o(ner of the motorc&cle is untruthful
o P$tition$r -a& an a'tiv$ +arti'i+ant in t($ *a2in o) t($ untrut()u% narration o) )a't&
ISSUES:
1. <2 petitioner *iolated #ar. , $rt. 11 of the ;#C N NO RULING:#etitioner is ACQUITTED of the char'es filed a'ainst him. RATIO:
1. #etitioner is entitled to an ac!uittal from the char'es a'ainst him.
Art.010. Fa%&i)i'ation !" +u!%i' o))i'$r/ $*+%o"$$ or notar" $''%$&ia&ti' *ini&t$r.4 "he penalt& of prision ma&or and a fine not to e5ceed #/,444 pesos shall be imposed upon an& public officer, emplo&ee, or notar& (ho, ta%in' ad*anta'e of his official position shall falsif& a
document b& committin' an& of the follo(in' acts: 555 555 555
. Causin' it to appear the persons ha*e participated in an& act or proceedin' (hen the& did not in fact so participate:
555 555 555
. Ma2in untrut()u% &tat$*$nt& in a narration o) )a't&,
n the case of P$o+%$ v. Qua&(a
• <ron'ful intent to inure a third person and obli'ation on the part of the narrator to disclose the truth are thus $&&$ntia% to a 'onvi'tion )or t($ 'ri*$ o) )a%&i)i'ation under the abo*e articles of the ;e*ised #enal Code
n the instant case, deed of absolute sale e5ecuted b& $blat (as adud'ed to be falsified document because it con*e&ed that $blat (as the o(ner of the
motorc&cle (hen in such, petitioner Fael'a (as the true and re'istered o(ner
o, Fa#$%a ui%t" o) *a2in an untrut()u% narration o) )a't& +o(e*er, it (as found that A!%at -a& r$a%%" t($ o-n$r o) t($ *otor'"'%$ !$)or$ t($ a!ort$d &a%$ to t($ +rovin'ia% ov$rn*$nt o) 5atan$&
• Motorc&cle (asnKt re'istered in $blatKs name but he became the o(ner after #etitioner Fael'a sold it to him prior the aborted sale $side from that, *a%i'iou& int$nt -a& a!&$nt
• 2o loss (as incurred b& the Eo*ernment3rd person
Most importantl&, as Justice $lbert sa&s: in the falsification of public or official document under $rt. 11 of the ;e*ised #enal Code, it is not $nou( t(at t($ )a%&i)i'ation !$ 'o**itt$d !" a +u!%i' o))i'$r, it i& a%&o n$'$&&ar" t(at it &(ou%d !$ 'o**itt$d !" a +u!%i' o))i'$r -it( a!u&$ o) (i& o))i'$, that is, in deeds, instrument, indentures, certificates, etc., in the e5ecution of (hich he participates b& reason of his officeB
• +ere, petitioner and co0accused acted in their pri*ate or personal capacit&
• Fael'a could not abuse his position as a dri*er in falsif&in' a document
$lso, petitioner could not be con*icted infidelit& in the custod& of documents under #ar. , $rt. of ;#C.
P$'(o v. Sandian!a"an
0 Nov$*!$r 0667 David$/ 8r. 8 7 Fa%&i)i'ation o) o))i'ia% and
'o**$r'ia% do'u*$nt&
P$tition$r9&:
?don #echo
R$&+ond$nt9&:
andi'anba&an and #eople of the #hilippines
Su**ar": ?don #echo (as a Customs Euard for the ureau of
Customs and alon' (ith his co0accused, Catre, the& represented
themsel*es as representati*es of >*ersun Commercial "radin', a
non0e5istent firm. "he& declared that their shipment (as composed
of a'ricultural disc blades but (hat (as actuall& in the shipment
(ere diesel en'ines. "he andi'anba&an first found #echo 'uilt&
of the *iolation of the $nti0Eraft and Corrupt #ractices $ct
ho(e*er since it (as onl& at the attempted sta'e since there (as no
undue inur& caused to the 'o*Kt due to the inter*ention of
Customs officer, he (as not char'ed b& the C for this crime.
+o(e*er, he (as found 'uilt& instead of the comple5 crime of
attempted estafa throu'h falsification of official and commercial
documents.
Do'trin$:
?ne found in possession of and (ho used a for'ed
document is the for'er and therefore 'uilt& of falsification. t is,
ho(e*er, essential that the use must be so closel& connected in
time (ith the for'in' such that the utterer or user ma& be pro*ed to
ha*e the capacit& of for'in'.
Fa't&:
0.7 ?don #echo, a public officer, bein' then t($ Cu&to*& Guard
o) t($ 5ur$au o) Cu&to*&
assi'ned at the Miscellaneous
onded <arehouse @i*ision and Jose Catre, (hose position is
un%no(n (hether public or pri*ate. "he both of them helpin'
one another +r$t$nd$d to !$ a$nt& or r$+r$&$ntativ$& o)
Ev$r&un Co**$ri'a% Tradin/ -(i'( turn$d out to !$ not
r$i&t$r$d in t($ D$+art*$nt o) Trad$ and Indu&tr" nor in
t($ S$'uriti$& and E'(an$ Co**i&&ion or a non;$i&t$nt
)ir*/ in t($ i*+ortation o) ari'u%tura% di&' !%ad$& and
irriation -at$r +u*+& and solicited the ser*ices of
Constantino Calica, a C#$ Customs ro%er, en'a'ed him for
an amount e!ual to /4O of the authoriGed bro%era'e fee for the
release of said shipment and +r$+aration o) t($ n$'$&&ar"
i*+ort -it( t($ )o%%o-in &(i++in do'u*$nt&: +a'2in %i&t/
'o**$r'ia% invoi'$/ !i%% o) %adin and &-orn i*+ort $ntr"
d$'%aration.
.7 Calica, the customs bro%ers, computed the ta5 and duties at
P<=/0> and d$'%arin t($ &(i+*$nt a& < 'ontain$r& STC
ari'u%tura% di&' !%ad$& and irriation -at$r +u*+&.
Calica,
then instructed his son also a customs bro%er to file the
documents (ith the Manila nternational Container #ort
6MC#7 and to proceed to process the deli*er& permits in H0
line shippin'. n H0line shippin'/ t($ ? a''u&$d a++roa'($d
t($ &on and introdu'$d t($*&$%v$& a& t($ '%i$nt o) (i& )at($r
and -$nt -it( (i* durin t($ )i%in o) t($ do'u*$nt& and
a)t$r/ t($ &on (and$d t($ i*+ort $ntr" and int$rna% r$v$nu$
d$'%aration to t($ ? a''u&$d.
=.7 $ Customs enior $'ent on March 1989 conducted a spot
chec% on the !uestioned shipment to *erif& the contents of the
container *an and it -a& di&'ov$r$d to 'ontain =@@ unit&
di$&$% $nin$& and t($ 'orr$'t duti$& and ta$& i) P0/@@/<
t(u& t($r$ -a& a di&'r$+an'" o) P0/@?1/=?0. A (o%d ord$r
and a -arrant o) &$izur$ and d$t$ntion -$r$ i&&u$d !" t($
Di&tri't Co%%$'tor o) Cu&to*&
.7 ?nl& #echo surrendered to the andi'anba&an and the
andi'anba&an based on the e*idence concluded that all the
elements of ec 3 6e7 of ;$ 3419 (ere present: 617 accused is a
public officer or pri*ate person char'ed in conspirac& (ith him
67 said public officer commits the prohibited acts durin' the
performance of his official duties or in relation to his public
position 637 he causes undue inur& to an& part&, (hether the
'o*ernment or pri*ate part& 67 such undue inur& is caused b&
'i*in' un(arranted benefits, ad*anta'e or preference to such
parties and 6/7 the public officer has acted (ith manifest
partialit&, e*ident bad faith or 'ross ine5cusable ne'li'ence.
/.7 andi'anba&an found the petitioner 'uilt& as char'ed. #echo
acted in bad faith from the *er& start (hen he conspired (ith
his co0accused Catre in misleadin' the 'o*ernment on the
actual contents of the shipments belon'in' to >*ersun
Commercial "radin' and thereb& e*adin' the pa&ment of
correct ta5es due to the 'o*ernment.
.7 P$'(o )i%$d )or a *otion )or r$'on&id$ration on t($
)o%%o-in round&: 617 n*alidit& of the information as a
conse!uence of non0compliance (ith the mandator& pro*isions
of ec. 3 P , ;ule 11 of the ;ules of Court and ec P of
the ;ules of #rocedure of the ?ffice of the ?mbudsman 67
Failure of prosecution to pro*e be&ond reasonable doubt the
presumption of innocence in fa*or of the accused, #echo 637
Failure of the prosecution to establish the concurrin' elements
of the crime char'ed 67 T($r$ i& no &u'( 'ri*$ a& att$*+t$d
vio%ation o) S$' = B$ o) RA =@06.
"he M; (as denied.
.7 $s to the
th'round, the andi'anba&an ruled that the
pro*isions of the ;#C on attempted or frustrated felonies do
not appl& to offenses penaliGed b& special la(s, such as the
$nti0Eraft and Corrupt #ractices $ct. +o(e*er, the ar'ument
of the accused that he did not realiGe his purpose of depri*in'
the 'o*Kt in the form of customs ta5 and duties cannot stand. t
is enou'h that the accused committed an act that (ould cause
undue inur& to the 'o*Kt to ma%e him liable.
I&&u$:
<o2 the attempted or frustrated sta'e of the crime defined in
ection 3 6e7 of ;$ 2o. 3419 is punishable= 0 NO
Ru%in:
"he petition is denied ho(e*er the ud'ment of the
andi'anba&an is modified (hereb& the petitioner i& )ound ui%t"
!$"ond r$a&ona!%$ dou!t o) t($ 'o*+%$ 'ri*$ o) att$*+t$d $&ta)a
t(rou( )a%&i)i'ation o) o))i'ia% and 'o**$r'ia% do'u*$nt&
Ratio:
0.7 "he felonious plan of the accused to defraud the 'o*Kt -a&
$+o&$d t(rou( t($ 'o*!in$d $))ort& o) t($ 5ur$au o)
Cu&to*& $*+%o"$$& -($r$in t(rou( a '($'2 'ondu't$d on
t($ &(i+*$nt/ it -a& di&'ov$r$d to 'ontain auto*otiv$ di$&$%
$nin$& rat($r t(an ari'u%tura% di&' !%ad$& and irriation
+u*+&.
.7 "here is a deliberate intent on the part of the accused to do
(ron' or cause dama'e to the 'o*ernment. "his ma& be
inferred from the actuations of t(o accused. "heir concerted
actions sho( that the& cooperated (ith each other to(ards the
accomplishment of a common felonious purpose. $ccused
#echo assisted his co0accused Catre in his official capacit& as a
customs 'uard in processin' the documents re!uired to $n&ur$
t(at t($ ood& 'on&in$d to Ev$r&un Co**$r'ia% Tradin
!$ r$%$a&$d -it(out d$%a" and -it(out arou&in &u&+i'ion
)ro* t($ ov$rn*$nt aut(oriti$&.
"his is also tantamount to
an act of betra&al of the confidence reposed in him (hen he
(as emplo&ed as Customs Euard of the ureau of Customs.
3.7 +o(e*er / t($r$ -a& no a'tua% in#ur" or da*a$ (avin !$$n
'au&$d to t($ ov$rn*$nt du$ to t($ ti*$%" 0@@
$a*ination o) t($ &(i+*$nt and t($ &u!&$u$nt i&&uan'$
o) a (o%d ord$r and a -arrant o) &$izur$ and d$t$ntion
. "he
petitioner must thus be a'uitt$d o) t($ vio%ation o) S$'tion =
&in'$ t($ +$r+$trator& (ad 'o**$n'$d t($ 'o**i&&ion o)
t($ o))$n&$ dir$'t%" !" ov$rt a't& !ut )ai%$d to +$r)or* a%%
t($ a't& o) $$'ution -(i'( -ou%d (av$ +rodu'$d t($ )$%on"
a& a 'on&$u$n'$ b& reason or some cause other than their
o(n spontaneous desistance (hich (as the inter*ention of the
alert customs officials before the release of the car'os.
.7 "he offense char'ed in the information
in'%ud$& t($ 'o*+%$ 'ri*$ o) $&ta)a t(rou( )a%&i)i'ation o) +u!%i' do'u*$nt&.$ccordin' to $rt. 31/,
s(indlin' 6estafa7 means an& person (ho shall defraud another such as b&
means of usin' a fictitious name or falsel& pretendin' to possess po(er,
influence, !ualifications, propert&, credit, a'enc&, business or ima'inar&
transactions, or b& means of other similar deceits.
/.7 "he essential in'redients of estafa are present in the case (herein there
(as 617
a )a%&$ or )raudu%$nt r$+r$&$ntation o) 'o;a''u&$d 8o&$ Catr$ t(at ($ -a& t($ du%" aut(oriz$d r$+r$&$ntativ$ o) Ev$r&un Co**$r'ia% Tradin/the alle'ed importer of a'ricultural disc blades and irri'ation (ater
pumps in the container *an (hen, in truth and in fact, said importer is non0
e5istent or fictitious (ith an e!uall& spurious "a5 $ccount 2umber, and that
the car'oes imported (ere not as declared but 344 units of diesel en'ines,
(hich fraudulent acts (ere done (ith the use of falsified documents such as
import entr& declaration, pac%in' list, commercial in*oice and bill of ladin'
67
t($ )a%&$ +r$t$n&$& or )raudu%$nt a't& -$r$ $$'ut$d +rior to t($ 'o**i&&ion o) t($ )raud and 637
t($ d$)raudation o) t($ Gov$rn*$nt in t($ a*ount o) P0/@?1/=?0.@@ in ta$& r$+r$&$ntin t($ di))$r$n'$ !$t-$$n t($ 'orr$'t ta$& and duti$& du$ and t(at $ar%i$r 'o*+ut$d on t($ !a&i& o) t($ )a%&$ d$'%aration."hese elements constitute the re!uisites of estafa
throu'h falsification of official documents.
. T($ )a%&i)i'ation& t($n o) t($ a)or$&aid o))i'ia% and 'o**$r'ia%
do'u*$nt& -$r$ t($ n$'$&&ar" *$an& )or t($ 'o**i&&ion o)
att$*+t$d $&ta)a.
"he official and commercial documents include the
pac%in' list, commercial in*oice, bill of ladin' and s(orn import entr&
declaration. On$ )ound in +o&&$&&ion o) and -(o u&$d a )or$d
do'u*$nt i& t($ )or$r and t($r$)or$ ui%t" o) )a%&i)i'ation. It i&/
(o-$v$r/ $&&$ntia% t(at t($ u&$ *u&t !$ &o '%o&$%" 'onn$'t$d in ti*$
-it( t($ )orin &u'( t(at t($ utt$r$r or u&$r *a" !$ +rov$d to
(av$ t($ 'a+a'it" o) )orin/ or such close connection (ith the for'er
that it becomes, (hen so accomplished, probable proof of complicit&
in the for'er&
.7 "he petitioner and Catre -$r$ in +o&&$&&ion o) t($ )a%&i)i$d
do'u*$nt& and +$r&ona%%" d$%iv$r$d t($* !" D$nni& Ca%i'a and
t(at t($" &(o-$d $traordinar" +$r&ona% int$r$&t in &$'urin t($
r$%$a&$ o) t($ 'aro$& )or a )i'titiou& i*+ort$r/ t($n t($ +$tition$r
and Catr$ ar$ +r$&u*$d to !$ t($ aut(or& o) t($ )a%&i)i$d
Ca!uan v&. Sandian!a"an
?> 8un$ 066? 7 Fa%&i)i'ation o) Pu!%i' Do'u*$nt&
P$tition$r9&:
$dolfo Cauban'
R$&+ond$nt9&: #eople of the #hilippines
Su**ar":
•
#etition filed b& Cauban' to re*ie( the C$ decision (hich affirmed
his con*iction of the crime of falsification of a public document
punished under $rt.1,
Q
1 of the ;#C, in relation to $rt.11,
Q
.
•
Cauban' committed an act of falsification on a tatement of $ssets
and Liabilities of the a'an'a Consolidated $rrastre0te*edorin'
er*ices, nc., b& then and there for'in' and simulatin', the
si'nature of the treasurer thereof, altaGar #a'aduan, thus ma%in' it
appear that the said document (as made, prepared and si'ned b& the
said #a'aduan, thereb& attributin' to the latter participation and
inter*ention in the ma%in' and preparation of said document
•
altaGar #a'aduan did not so participate, neither did he authoriGe the
herein accused or an&bod& else to prepare and si'n the same.
Do'trin$:
•
n the falsification of a public document, it is immaterial
(hether or not the contents set forth therein (ere false. <hat
important is the fact that the si'nature of another (as
counterfeited.
•
"he principal thin' punished is the *iolation of the public
faith and the destruction of the truth as therein solemnl&
proclaimed. "hus, intent to 'ain or to inure is immaterial.
>*en more so, the 'ain or dama'e is not necessar&
Fa't&:
•
19/ 0 the accused, his brother, Mel!uiades Cauban', Florencio
"e*es and "eodoro @iaG or'aniGed a ste*edorin' ser*ice in @a*ao
?riental called the 5anana Mutua% A&&o'iation B5MA.
o
"his (as operatin' (ithout permit from the ureau of Customs
since its establishment.
•
olomon aa also or'aniGed t($ Ea&t Coa&t Arra&tr$
St$v$dorin S$rvi'$&/ In'. BECASSI/
also in @a*ao ?riental
o
altaGar #a'aduan (as a member and its mana'er since 19
•
?fficials of both or'aniGations entered into a mer'er a'reement
and si'ned the $rticles of ncorporation of a ne( mer'ed
or'aniGation called the 5aana Con&o%idat$d Arra&tr$
St$v$dorin S$rvi'$&/ In'. B5CASSI
o
#a'aduan (as elected "reasurer
•
$fter the e5ecution of the $rticles of ncorporation and the
"reasurerDs $ffida*it, the accused brou'ht to Manila these papers,
as (ell as the sum of #,/44.44 on the paid0up capital and #/44.44
for filin' fees, for the re'istration of the ne( corporation (ith the
ecurities and >5chan'e Commission 6>C7.
o
@urin' the process of its re'istration, the accused
accomplished and si'ned an information sheet and an
underta%in' to chan'e the corporate name in the e*ent that
another person, firm or entit& has ac!uired a prior ri'ht to use
the same or one similar to it.
2umber7 of his brother, Mel!uiades 6should be Clemente7
Cauban'.
o
"he corporation (as re'istered (ith the >C (hich issued a
Certificate of ;e'istration recei*ed b& the accused (ho
brou'ht and hand0carried the same to @a*ao ?riental.
•
@isputed is the authorship of the for'er& of the si'nature of
altaGar #a'aduan, found in the tatement of $ssets and Liabilities
of the C$, (hich (as submitted to the >C as a pre0re!uisite
to the re'istration of the ne( corporation.
•
For failure to recei*e #/44.44 as initial pa&ment of subscription
from each of the incorporators e5cept olomon aa and himself,
#a'aduan claimed to ha*e announced to Mel!uiades Cauban',
Clemente Cauban' and Federico "e*es, that the mer'er (ill not
push throu'h.
o
#a'aduan said that he left the si'ned "reasurerDs $ffida*it (ith
the accused and (as surprised to learn later that the proposed
mer'er (as alread& re'istered (ith the >C.
o
+e also supposedl& e5ecuted and si'ned a tatement of $ssets
and Liabilities
•
$ccused0appellant denies ha*in' been the one (ho personall&
(ent to and handed o*er the documents before the >C, but
instead claims it (as his associate.
•
#a'aduan filed (ith the @oJ a complaint for for'er& a'ainst
petitioner.
•
olomon aa also commenced complaints a'ainst petitioner, in
his efforts to unseat petitioner as ma&or of a'an'a, @a*ao
?riental and to put out of business the compan&.
@urin' this period, the #resident had declared that officials
(ith pendin' char'es (ill be remo*ed from office
RTC
•
Found the petitioner 'uilt& be&ond reasonable doubt of
falsification of a public document
CA
•
$ffirmed the decision findin' no 'rounds for its re*ersal.
I&&u$:
<?2 the C$ erred in affirmin' the ud'ment of con*iction for
falsification of the official document in !uestion (here the entries
therein are not absolutel& false and no dama'e (as caused to the
'o*ernment or third parties, and in the absence of criminal intent,
contrar& to the rulin' in Beradio v. Court of Appeals
Ru%in: C$ affirmed
Ratio:
•
<e are satisfied that the court a quo and the respondent court did
not err in rel&in' upon the presumption that the possessor and user
of a falsified document is presumed to be the for'er thereof.
•
"he e*idence conclusi*el& sho(s that the statement of assets and
liabilities (as not amon' those brou'ht b& the petitioner to Manila.
"he statement (as not an authentic representation of the assets and
liabilities of the C$. t (as surreptitiousl& si'ned b& someone
(ho imitated the si'nature of altaGar #a'aduan.
•
For'er& could easil& be consummated onl& b& the for'er alone or
in the confidence of persons in conni*ance (ith him.
•
n the absence of a credible and satisfactor& e5planation of ho( the
document came into bein' and then filed (ith the >C, accused is
presumed to be the for'er of the si'nature of #a'aduan, and the
one (ho prepared doubtful information on the financial status of
the proposed corporation
•
"he filin' of the statement of assets and liabilities remained
une5plained.
o
"his fact, to'ether (ith other proofs presented b& the
prosecution, is stron' e*idence tendin' to sho( that the
accused $dolfo Cauban' either himself for'ed the statement or
caused it to be for'ed b& someone else.
•
#etitioner contends that there (ere absolutel& no false entries in
the statement of assets and liabilities as to ma%e its e5ecution
inurious or dama'in' to the 'o*ernment or third parties. "he
claim is (ithout merit.
o
n the falsification of a public document, it is immaterial
(hether or not the contents set forth therein (ere false. <hat
important is the fact that the si'nature of another (as
counterfeited.
•
Beradio v. Court of Appeals, alle'ed b& petitioner, is not bindin' in
the instant case.
o
n Beradio, the official document in*ol*ed (as a time record,
the accomplishment of (hich (as for the purpose of pro*in'
rendition of ser*ice in the interest of the public.
o
Court ruled that there (as no dama'e to the 'o*ernment
because under the facts pro*en, the time record had alread&
ser*ed its purpose. "he time record could thereafter be set aside
for bein' (orthless. Moreo*er, the submission of a time record
(as not re!uired but onl& for administrati*e procedural
con*enience.
o
"he Court did not fail to distin'uish a time record from other
public documents (ith continuin' interest affectin' the public
(elfare (hich is naturall& dama'ed if that document is
falsified.
•
"he Court is of the *ie( that mere falsification b& for'oin' the
si'nature of altaGar #a'aduan as to cause it to appear that
#a'aduan has participated in the e5ecution (hen he did not in fact
so participate, ma%es the accused0petitioner criminall& liable.
o
n a crime of falsification of a public or official document, the
principal thin' punished is the *iolation of the public faith and
the destruction of the truth as therein solemnl& proclaimed.
o
"hus, intent to 'ain or to inure is immaterial. >*en more so,
Dava
v. P$o+%$34 eptember 1991 | Fernan, C.J. |
P$tition$r9&: Mi'(a$% Dava
R$&+ond$nt9&: P$o+%$ o) t($ P(i%i++in$&/ Int$r*$diat$ A++$%%at$ Court
Fa't&:
1.
@a*a 6holder of non0professional license7 (as dri*in' alon'
ha( oule*ard and he hit ernadette ;o5as Clamor 6died7
and @olores >. ;o5as 6sustained ph&sical inuries7.
.
@a*a (as brou'ht to the Mandalu&on' #olice head!uarters
and his license (as confiscated. t (as presented as
prosecution e*idence in the rec%less impudence case filed
a'ainst him.
3.
$ fe( months after, $ntonio ;o5as 6brother of ernadette and
dad of @olores7 sa( @a*a dri*in' a maroon ol%s(a'en
beetle 6so cute7. ince he %ne( that @a*aKs dri*erKs license
(as presented as e*idence in court 6therefore not (ith him at
that moment7, he sou'ht the help of then @efense Minister
Juan #once >nrile to apprehend @a*a for dri*in' (ithout a
license.
.
<hen the Constabular& +i'h(a& #atrol Eroup confronted
him, he presented a non0professional license issued in
#ampan'a. <hen as%ed about his source, he ust said it (as
from his officemate. "he& find out itKs fa%eR different
si'natures and birhtda&s
/.
inluan 6the re'istrar of the $n'eles branch of ureau of Land
"ransportation7 testified that the si'nature of the issuin'
official (as fa%e. ?n its face, it appears that the license (as
issued in an Fernando, not $n'eles.
.
@a*a (as con*icted of the crime char'ed 6falsification of
public document7, and he appealed to the C$, (hich affirmed
the lo(er courtKs decision. 6note: the ;"C is in SueGon Cit&7
.
@a&a filed motion for reconsideration and it (as 'ranted,
refiled in an Fernando, #ampan'a this time.
8.
;"C in an Fernando sustained his con*iction and too% note
of the follo(in' facts:
a.
@a*a (as in dire need of a license because of his ob as
a detailman
b.
he recei*ed his real license from the court onl& in 198
but he (as cau'ht dri*in' (ith a fa%e license in 198
c.
since @a*a (as the possessor or user of the fa%e
license, he himself (as the for'er.
9.
@a*a appealed to $C and it affirmed in toto the decision of
the ;"C, so he appeals to C.
I&&u$9& and Ru%in:
a.
Is there enough evidence to warrant the
conviction of the crime charged? YES
Ratio:a.
nformation char'ed him (ith ha*in' made it appear in his
license that officials of #ampan'a L"C participated in its
preparation and (ith ha*in' used the said license %no(in' it
(as falsified. "he char'es are founded on pro*isions of $rt.
1 617 of the ;#C, and %no(lin'l& usin' a fa%e license under
the last para'raph of the said pro*ision.
b.
Circumstances of the case seem to point to sufficient e*idence
to sustain con*iction
a.
the offender %ne( that a document (as falsified b&
another person 6he %ne( his real license (as in court
bein' %ept as e*idence so he as%ed his friend manalili
to 'et hima fa%e one7
b.
the document is embraced in art. 11 or in an& of the
subdi*isions of nos. 1 and of art. 1 6a dri*erKs
license is a public document7
c.
he used such document 6not in udicial proceedin's7R
6he used it to dri*e7
d.
the use of false document caused dama'e to another or
at least it (as used (ith intent to cause such dama'e.
6bein' a public document, dama'e to another person is
immaterial7
c.
n the case at bar, all three elements ha*e been pro*en be&ond
reasonable doubt, the fourth bein' immaterial because it is a
public document.
Sar$+ v. Sandian!a"n
eptember 13, 1989 | #adilla | Falsification of #ublic or ?fficial @ocuments PETITIONER : Meturo'an arep
RESPONDENTS: +onorable andi'anba&an
SUMMARY: @irector #ahm appointed arep as oil "echnolo'ist in 19 and rene(ed his position for another term in 19. +o(e*er, in 198, @irector #ahm decided to no lon'er rene( arep. @irector #ahm then recei*ed a Iero5 cop& of the discarded appointment paper from 19, (ith corrections and erasures. andi'anba&an held that arep is 'uilt& of Falsification throu'h ;ec%less mprudence.
DOCTRINE: t is falsification, not correction, (hich the la( punishes. n the falsification of public of official documents, (hether b& public officials or b& pri*ate persons, it is not necessar& that there be present the idea of 'ain or the
intent to inure a 3rd person, for the reason that, in contradiction to pri*ate
documents, the principal thin' punished is the *iolation of public faith and the destruction of the truth as therein solemnl& proclaimed.
FACTS:
1. @irector Hundo #ahm of the ureau of oils, ;e'ion I, e5tended an appointment to Meturo'en arep to the position of oil "echnolo'ist on 19 Januar& 19.
. $fter si'nin' the appointment paper, #ahm noticed an error in the entr& readin' AFirst Erade )nassembledB instead of A)nassembled >5aminationB, the appropriate eli'ibilit& for the position.
3. )sman alic, actin' personnel officer, (as directed to prepare another appointment paper (hich #ahm si'ned after notin' the correction made. $ppointment (as appro*ed b& $ssistant ;e'ional @irector of the CC as Atemporar&B. arepKs appointment (as rene(ed on 3 Ma& 19 and to e5pire 1 $pril 198, appro*ed as Atemporar&B b& the CC ;e'ional ?ffice. . @irector #ahm decided not to rene( arepKs appointment on Ma& 198 for
his failure to perform the duties of his position. #etitioner (as informed of the directorKs decision.
/. "hree da&s later, #ahm surprisin'l& recei*ed a Iero5 cop& of arepKs appointment dated 34 @ecember 19 (ith erasures and superimpositions thereon, (hich (as appro*ed b& the Manila CC Central ?ffice as ApermanentB. arep (as as%ed to produce the ori'inal cop& of the appointment paper but refused to sho( it. #ahm (ent to the CC to *erif&, recallin' and cancellin' arepKs appointment (hich he for(arded to Manila CC Central office.
. $n information for Falsification of ?fficial @ocument (as filed a'ainst
arep before the CF of Cotabato. "he case (as transferred to the andi'anba&an that rendered arep 'uilt& of Falsification of #ublic @ocuments throu'h ;ec%less mprudence.
. #etitioner brin's the case to the C, claimin' that there is no e*idence that pro*es he caused the erasures and alterations. +e points to the personnel officer )sman alic as responsible. Further, the appointment paper alread& bore the erasures before #ahm si'ned it. +e claims as (ell that he is not a public officer in char'e of preparin' appointments of the emplo&ees and that if he did do it, that there (as no 3rd part& dama'ed. +e also ar'ues 'ood
faith in that once he sa( the er asures, he brou'ht it to the Manila CC. ISSUES:
. <o2 the lo(er court erred in con*ictin' petitioner for Falsification throu'h ;ec%less mprudence. N2?
RULING: @ecision of the respondent andi'anba&an is $FF;M>@ e5cept as modified (ith respect to the penalt&.
RATIO:
1. t is clear froom e*idence that cancelled appointment paper that (as missin' from 19 (as the same paper later found in the possession of petitioner, alread& bearin' erasures, alterations and superimpositions. . "he Court reects arepKs ar'ument that thereKs no falsification for the
falsified document bears correct item number and appropriate eli'ibilit&. t is falsification, not correction, (hich the la( punishes. n the falsification of public of official documents, (hether b& public officials or b& pri*ate persons, it is not necessar& that there be present the idea of 'ain or the intent to inure a 3rd person, for the reason that, in contradiction to pri*ate
documents, the principal thin' punished is the *iolation of public faith and the destruction of the truth as therein solemnl& proclaimed.
#etitioner is the onl& person (ho stood to benefit b& the falsification of the document. +e failed to con*ince the Court that a person other than himself made the erasures.
3. Court does not accept petitionerKs defense of 'ood faith. +e %ne( that if the falsified document had been presented before the CC ;e'ional ?ffice, it (ould ha*e been attested as merel & temporar&. +e purprosel& a*oided filin' it there and chose instead to someho( 'et it stamped appro*ed as permanent in Manila CC.
Diaz v&. a+unan
@ec. 8, 193 | Malcolm, J. | $rticle / of ;#C PETITIONER: icente @iaG
RESPONDENTS: ;uperto Hapunan
SUMMARY: #etitioner and respondent, durin' the sa le at auction of a propert&, entered into the follo(in' a'reement: <e, icente @iaG and ; uperto Hapunan, both bein' the bidders at the auction held for the sale of the properties of
ecundino MendeGona, do hereb& a'ree that @on ;uperto Hapunan should (ithdra( his bid and refrain from biddin' at the said auction as he does hereb& (ithdra( his bid, and in consideration thereof, the said Mr. @iaG offers him a premium of one thousand pesos 6#1,4447 (hich, out of consideration to said @on
icente @iaG, Mr. Hapunan accepts and has, for this reason, refrained from biddin' in competition (ith said Mr. @iaG. "acloban, Le&te, @ecember 3, 19.
6'd.7 . @iaG. 6'd.7 ;uperto Hapunan. +eld: "hat respondent attorne& has been 'uilt& of a *iolation of the pro*isions of article / of the #enal Code, but
certain miti'atin' circumstances (hich e5ert an influence in his fa*or, can be ta%en into consideration.
DOCTRINE: $rticle / punishes an& person (ho shall solicit an& 'ift or promise as a consideration for a'reein' to refrain from ta%in' part in an& public
auction. "he crime is consummated b& the mere act of solicitin' a 'ift or promise for the purpose of abstainin' from ta%in' part in the auction.
F$C":
8. n 191, icente @iaG and ecundino de MendeGona formed a partnership and entered into e5tensi*e business transactions in the #ro*ince of Le&te, (ith a capital of #384, 444. +o(e*er, the business failed to prosper, and had to li!uidate and suffer a loss of #, 444.
9. @urin' li!uidation, MendeGona reco'niGed a debt in fa*or of @iaG in the sum of #84,444 and an additional sum of #14,444 o(in' to @iaG, laid upon the hacienda Mapu&o, and to be paid (ithin the term of one &ear. 14. "he &ear had e5pired and MendeGona (as not able to meet the pa&ment.
"he usual proceedin's for foreclosue and sale follo(ed, and the hacienda (as offered for sale at a public auction.
11. ;espondent Hapunan (as the attorne& of MendeGona and represented him durin' the auction. Hapunan (as read& to bid on the propert& up to #1,444
in order to assist the MendeGona famil& (hich (as in financial straits. 1. "he offer of Hapunan (as #1,444 (hile @iaG offered #1,/44. "he bids
stopped on account of @iaG and Hapunan enterin' into an a'reement that Hapunan (ould (ithdra( his bid and in consideration thereof, be 'i*en b& Mr. @iaG a preium of #1,444. Mr. Hapunan accepts.
13. @iaG 'a*e Hapunan #/44 of the #1,444, and too% o*er the propert& of MendeGona.
1. @iaG laid before this court char'es a'ainst $tt&. Hapunan for alle'ed unprofessional conduct. efore the char'es, $tt&. Hapunan motioned in the CF to retain the #/44 he recei*ed. $fter %no(led'e of the disbarment proceedin's, he as%ed the court to permit him to turn o*er the #/44. +e (as
refused b& Jud'e Cuasin', but ne*ertheless, CF handed the #/44 to @iaG. 1/. From correspondence, the MendeGona famil& belie*ed that the #/44 (ould
be sent to them as pittance out of the business (rec% in Le&te. Hapunan (as assumed to be biddin' in representation of his client.
1. "here (ere three char'es filed a'ainst him. "he third bein' more serious and rele*ant, (ith Hapunan ha*in' inter*ened in the sale of the propert& of his client MendeGona.
ISSUES:
3. <o2 he *iolated $rticle / of the #enal Code 0 ->
RULING:?ur ud'ment is that $ttorne& ;uperto Hapunan shall stand reprimanded and that the complainant, icente @iaG, shall immediatel& return to the cler% of the Court of First nstance of Le&te the #/44 recei*ed b& @iaG f rom the cler% and receipted for b& @iaG, and the cler% of court shall transmit the #/44 to ecundino de MendeGona or, in case of his absence, to Miss Carmen de MendeGona. Costs shall be ta5ed in accordance (ith the pro*isions of the Code of Ci*il #rocedure. o ordered.
RATIO:
. "his article punishes an& person (ho shall solicit an& 'ift or promise as a consideration for a'reein' to refrain from ta%in' part in an& public auction. "he crime is consummated b& the mere act of solicitin' a 'ift or promise for the purpose of abstainin' from ta%in' part in the auction. "he document in !uestion, (herein Hapunan, on the promise of @iaG to pa& #1,444, refrained
from further participation in the sale of the propert& of MendeGona, is e5actl& the situation co*ered b& article / of the #enal Code. #ublic polic& discountenances combinations or a'reements on the part of bidders at e5ecution sales, the obects and effects of (hich are to stifle competition. "he courts (ill consider an a'reement bet(een a ud'ment creditor and one claimin' an interest in the thin' about to be sold under an e5ecution, that neither shall bid a'ainst the other, as *oid, unless all parties concerned %no( of the arran'ement and consent thereto. >5ecution sales should be open to free and f ull competition, in order to secure the ma5imum benefit for the debtor. $rticle / of the #enal Code is, therefore, a (ise pro*ision e*en thou'h rarel& in*o%ed, and should be used to discoura'e the stiflin' of bids at udicial sales.
/. +o(e*er, as disclosed b& the udicial records, no reported prosecution under $rt. / has been attempted. panish urisprudence relies principall& on the decisions of the French Court of Cassation. $lso, the complainant @iaG is e!uall& 'uilt& (ith the respondent Hapunan. $nd lastl&, Hapunan appears to ha*e been actin' in 'ood faith for his client, althou'h adoptin' an irre'ular procedure, and althou'h attemptin' to ma%e tard& restitution of the mone& recei*ed b& him.
P$o+%$ v. Dioro BMa"u*i March , 19 | en'Gon, J.#. | ntent to use PETITIONER : #eople of the #hilippines
RESPONDENTS: Camolo @i'oro alias #anondion'an
SUMMARY: @i'oro (as char'ed (ith Counterfeitin' of "reasur& and an% notes under $rt. 1 of the ;#C for ille'al possession of counterfeit treasur& and ban% notes. "he information filed a'ainst him e5pressl& states that he (as Aintent to possessB. +o(e*er, accordin' to the C, intent to possess does not (arrant a *iolation of $rt. 1 for (hat is needed is the intent to use. ntent to possess does not e!uate to a *iolation under $rt. 1.
DOCTRINE: #ossession of false treasur& or ban% notes alone is not a criminal offense. "here must be int$nt to u&$ said false treasure or ban% notes. $n information alle'in' the possession of false treasure and ban% notes (ith onl& an Aintent to possesB char'es no offense.
FACTS:
1. $n information char'in' Counterfeitin' of "reasur& and an% 2otes under $rticle 1 of the ;#C (as filed in the CF of Lanao a'ainst Camilo @i'oro, +ai olaiman @i'oro, and Macasasab @aloman'cob. uch information (as amended char'in' the same offense.
. ?n March 4, the case (as pro*isionall& dismissed in re'ard to +ai and Macasasab. +o(e*er, an amended information (as filed a'ainst Camolo @i'oro 6alias #anondion'an7 AFor: lle'al Po&&$&&ion of Counterfeit "reasur& and an% 2otesB
3. "he information stated Adid then and there (illfull&, unla(full& and feloniousl&, -it( int$nt to +o&&$&&, ha*e in his possession TUVB . @i'oro (as con*icted b& the CF.
<. ?n appeal, the C$ certified to the C this case for it in*ol*ed !uestions purel& of la(.
ISSUES:
0. <o2 intent to possess (arrants a *iolation of $rticle 18.
RULING: <herefore the ud'ment is hereb& set aside, and the case is remanded for ne( prosecution under an appropriate and *alid information.
RATIO:
. #ossession of false treasur& or ban% notes alone (ithout an&thin' more, is not a criminal offense. For it to constitute an offense under $rticle 18 of the ;#C the possession must be -it( int$nt to u&$ false treasur& or ban% notes.
. t follo(s that an information alle'in' possession of false treasur& and ban% notes (ithout alle'in' intent to use the same but onl& Aintent to possessB them, char'es no offense.
8. From the alle'ations in the information, intent to use cannot be clearl& inferred.
a. t is true that it (as stated that the accused possessed the false treasur& and ban% notes Aunla(full& and feloniousl& 555. Contrar& toad in *iolation of $rticle 18 of the ;?CB. uch statements are not alle'ations of facts but mere conclusions that the facts alle'ed constitute the offense sou'ht to be char'ed.
b. "he information alle'ed Aintent to possessB instead of intent to use. uch alle'ation precludes clear inference of intent to use, in the absence of e5press alle'ation of the latter, since intent to use entails intent to part (ith the possession.