Professional Documents
Culture Documents
The user of the falsified document is deemed the author of the falsification,
if:
1. The use was so closely connected in time with the falsification, and
2. The user had the capacity of falsifying the document.
To secure a conviction for estafa under Article 315, paragraph 2(a) of the Revised Penal
Code (RPC), the following requisites must concur:
(1) The accused made false pretenses or fraudulent representations as to his power,
influence, qualifications, property, credit, agency, business or imaginary transactions;
(3) The false pretenses or fraudulent representations constitute the very cause which
induced the offended party to part with his money or property;
It is undisputed that petitioner committed estafa. He and his wife falsely represented to
Ramirez that they had the influence and capability to cause the subdivision of the lot. In
view of said false representation, Ramirez was induced to part with the owners copy of
her TCT on the condition that the same would be returned after a month as evidenced by
the Acknowledgment Receipt.
However, petitioner and his wife never complied with their obligations. It is also on
record that Ramirez made a formal demand for the return of the TCT but petitioner and
his wife failed to comply. Their failure to return the said title despite demand is evidence
of deceit that resulted in damages to Ramirez. It was also established that the property
covered by TCT No. 188686 was eventually mortgaged for P300,000.00 to a third
person without the knowledge and consent of Ramirez.
The following testimony of Ramirez clearly established that petitioner falsely represented
that he has the capacity to cause the subdivision of the property; that false pretenses
induced her (Ramirez) to entrust her TCT to petitioner; and that as a result thereof,
Ramirez suffered damage to the extent of P300,000.00, thus:
In its Decision dated 7 September 2001, the trial court (1) found petitioner
guilty with one count of Estafa thru Falsifcation of Public Documents and
sentenced her to 10 years and one day of prision mayor as minimum to 20
years of reclusion temporal as maximum and (2) ordered petitioner to pay
Mangali P175,005 as actual damages.[6] The trial court held:
Add to the foregoing the fact that an entrapment was effected which
resulted in the arrest of Eugenio and Ablaza after they demanded for
another additional loan, probably with the alleged Ty property as collateral,
too, and the inevitable conclusion would be that Eugenio is liable as a co-
conspirator of the others who are charged with her in this case.
Two spurious titles were made to appear to be genuine and valid ones
although the same were no longer valid with respect to one and non-
existent and spurious with respect to the other, and with both titles having
no legal basis to exist at all and thus, can be presumed falsified with the
possessor thereof being further presumed as the author of the
falsification x x x x and it would also be concluded that falsification of public
document was resorted to in order to defraud Mangali of the amounts she
[sic] gave to the accused and her co-conspirators.
There was fraud resulting in swindling or estafa because
misrepresentations with intent to defraud and to cause damage
characterized the actuations of all the accused in this case, including the
two designated only as Jane Does.
In this case, Eugenio was in conspiracy with the others because of the
misrepresentations made by her to the effect that Saquitans title was really
registered and therefore genuine and because of other acts she did in
connection with the negotiations with Mangali where she actively
participated at every stage of the transactions and played an important and
active role.
In fine, the Court is of the view and so holds that the offense charged in this
case has been sufficiently established and that accused Eugenio is guilty
as charged.[7]
In its Decision of 30 November 2004, the Court of Appeals affirmed the trial
courts ruling. In sustaining the trial courts finding on petitioners vital role in
the scheme to defraud Mangali, the Court of Appeals held:
We agree with the findings and conclusions of the trial court that the
accused-appellants fraudulent misrepresentation facilitated the commission
of the crime.
To hold petitioner liable for the complex crime of Estafa thru Falsification of
a Public Document, the prosecution must show that she committed Estafa
thru any of the modes of committing Falsification. Under Article 171 of the
Revised Penal Code, Falsification is committed under any of the following
modes:
On the other hand, Estafa is generally committed when (a) the accused
defrauded another by abuse of confidence, or by means of deceit and (b)
the offended party or a third party suffered damage or prejudice capable of
pecuniary estimation.[13]
-__The trial court found petitioner guilty of Estafa thru Falsification of Public
Documents (which the Court of Appeals sustained) for petitioners principal
role in the loan transactions between Mangali, on the one hand, and
Saquitan and Ty, on the other hand. In further pinning liability on petitioner
for her role in the alleged falsification of TCT No. 92585, the trial court, for
lack of proof of petitioners participation in falsifying such document, relied
on the disputable legal presumption that the possessor of a falsified
document who makes use of such to her advantage is presumed to be the
author of the falsification. In short, petitioners conviction below rested on an
implied conspiracy with her co-accused to swindle Mangali, buttressed, as
to one count, by a reliance on a disputable presumption of culpability.
True, conspiracy need not be proved by direct evidence as the same can
be inferred from the concerted acts of the accused. [14] However, this does
not dispense with the requirement that conspiracy, like the felony itself,
must be proved beyond reasonable doubt. [15] Thus, the presence of a
reasonable doubt as to the existence of conspiracy suffices to negate not
only the participation of the accused in the commission of the offense as
principal but also, in the absence of proof implicating the accused as
accessory or accomplice, the criminal liability of the accused. [16]
On the NBIs finding that the real Epifania Saquitan did not mortgage the
Sta. Ana lot to Mangali, we note that such person was never presented
during the trial, rendering her affidavit inadmissible. At any rate, the
prosecution failed to rebut petitioners testimony that she was only
acquainted with Ablaza who introduced Saquitan and Ty to her.
in CONNIVANCE/CONSPIRACY
When the offense was committed by more than one person, all of them
shall be included in the complaint or information.
The complaint or information to be sufficient must state the name of the
accused, designate the offense given by statute, state the acts or
omissions constituting the offense, the name of the offended party, the
approximate date of the commission of the offense and the place where the
offense was committed.
Our rulings have long settled the issue on how the acts or omissions
constituting the offense should be made in order to meet the standard of
sufficiency. Thus, the offense must be designated by its name given by
statute or by reference to the section or subsection of the statute punishing
it.[41] The information must also state the acts or omissions constituting the
offense, and specify its qualifying and aggravating circumstances. [42] The
acts or omissions complained of must be alleged in such form as is
sufficient to enable a person of common understanding to know what
offense is intended to be charged, and enable the court to pronounce
proper judgment.[43] No information for a crime will be sufficient if it does not
accurately and clearly allege the elements of the crime charged. [44] Every
element of the offense must be stated in the information. [45] What facts and
circumstances are necessary to be included therein must be determined by
reference to the definitions and essentials of the specified crimes. [46] The
requirement of alleging the elements of a crime in the information is to
inform the accused of the nature of the accusation against him so as to
enable him to suitably prepare his defense. The presumption is that the
accused has no independent knowledge of the facts that constitute the
offense.[47
The accused insisted that when they went to the said office to
register the Deed of Sale marked Exhibit 2, they were asked to
leave it, and when they returned to get their document, they were
given another document particularly Exhibit A which is the reason
why they were charged with falsification because it appears in the
said document that private complainant Modesta Penuliar Flores
was one of the signatories when, in fact, she was not. In other
words, the accused maintain that they could not be held liable for
falsification of public document because criminal intent was
lacking. But if the accused acted in good faith, why did they not
immediately inform the private complainant about the
matter. Moreover, they should not have received the falsified
document from the Assessors Office knowing that it was not the
document that was given to their office for registration. The
actuation and the behavior of the accused negate their claim of
innocence. It is very unusual that they entrusted such very
important document to somebody whose name they dont even
know. Furthermore, why did the accused waited [sic] for the
advice of the Brgy. Captain of their place to settle their problem
with the private complainant. Their silence work [sic] against
them as it goes against the principle that the first impulse of an
innocent was [sic] when accused of wrongdoing is to express his
innocence at the first opportune time. Besides, other than the
self-serving testimonies of the accused, no other evidence was
presented by them to substantiate their pretense of
innocence. They should have presented the person from the
Assessors Office who gave them Exhibit A to corroborate their
claim if indeed they have no hand in its falsification. It is well-
settled in this jurisdiction that the person who stood to benefit by
the falsification of a public document and was in possession of it
is presumed to be the material author of the falsification. Hence,
the defense of good faith of the accused is not acceptable as it is
not supported by clear and convincing evidence.
The Court is in consonance with the ruling of the court a-quo that
the person who stood to benefit by the falsification of a public
document and was in possession of it is presumed to be the
material author of the falsification.