12/17/2019 [G.R. No. 193250 : April 25, 2012] PHILIPPINE NATIONAL BANK, PETITIONER, VS.

NER, VS. AMELIO TRIA AND JOHN DOE, RESPONDENT…

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Philippine Supreme Court Jurisprudence > Year 2012 > April 2012 Decisions > [G.R. No. 193250 : April 25,
2012] PHILIPPINE NATIONAL BANK, PETITIONER, VS. AMELIO TRIA AND JOHN DOE, RESPONDENTS. :

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THIRD DIVISION

[G.R. No. 193250 : April 25, 2012]

PHILIPPINE NATIONAL BANK, PETITIONER, VS. AMELIO TRIA AND JOHN DOE, RESPONDENTS.

DECISION

VELASCO JR., J.:

This is an appeal from the January 18, 2012 Decision[1] of the Court of Appeals in CA-G.R. SP No.
108571 entitled Philippine National Bank v. Department of Justice, Amelio C. Tria and John Doe which
affirmed the Resolution dated December 26, 2007 issued by the Department of Justice. cralaw

The Facts

Respondent Amelio C. Tria (Tria) was a former Branch Manager of petitioner Philippine National Bank
(PNB), assigned at PNB’s Metropolitan Waterworks and Sewerage System Branch (PNB-MWSS) located
within the Metropolitan Waterworks and Sewerage System (MWSS) Compound, Katipunan Road, Balara,
Quezon City.

On September 21, 2001, MWSS opened Current Account (C/A) No. 244-850099-6 with PNB-MWSS and
made an initial deposit of PhP 6,714,621.13 on October 10, 2001. The account was intended as a
depository for a loan from the Asian Development Bank (ADB) to fund Contract No. MS-O1C.

To withdraw from the account, PNB checks must be issued and three signatures secured—one signatory
DebtKollect Company, Inc. each from MWSS, Maynilad Water Services, Inc. (MWSI), and the contractor, China-Geo Engineering
Corporation (China-Geo).[2]

On April 16, 2003, C/A 244-850099-6 became dormant with a balance of PhP 5,397,154.07.[3]

In the meantime, Tria requested a listing of the dormant accounts of PNB-MWSS and borrowed the
folders of MWSS and C/A 244-850099-6.[4] On one occasion, Tria also inquired about the irregularities
involving manager’s checks committed by the bank’s former branch accountant.[5]

On April 22, 2004, PNB-MWSS received a letter-request from MWSS instructing the deduction of PhP
5,200,000 (plus charges) from C/A 244-850099-6 and the issuance of the corresponding manager’s
check in the same amount payable to a certain “Atty. Rodrigo A. Reyes.” The letter-request was
purportedly signed and approved by the duly authorized signatories of MWSS. Hence, C/A 244-850099-6
was re-activated in light of the letter-request.[6]

The letter-request, supporting documents, and Manager’s Check Application Form were then evaluated by
the bank’s Sales and Service Officer (SSO), Agnes F. Bagasani, who found the same to be in order.[7]

Edsel B. Francisco (Francisco), who was also designated to perform the tasks of a Fund Transfer
Processor (FTP), likewise verified the letter-request and the documents from the MWSS Current Account
folder of the bank. He then effected the transaction requested by debiting C/A No. 244-850099-6 for the
purchase of a Manager’s Check payable to “Atty. Rodrigo A. Reyes” and prepared a Batch Input Sheet

www.chanrobles.com/cralaw/2012aprildecisions.php?id=359 1/8
12/17/2019 [G.R. No. 193250 : April 25, 2012] PHILIPPINE NATIONAL BANK, PETITIONER, VS. AMELIO TRIA AND JOHN DOE, RESPONDENT…
ChanRobles Intellectual Property listing the supporting documents for the transaction together with the other transactions for that day.[8]

Division Manager’s Check No. 1165848 was, thus, prepared and issued in the name of Atty. Rodrigo A. Reyes
(Atty. Reyes) for the amount of PhP 5,200,000 (five million two hundred thousand pesos).[9]

On April 26, 2004, PNB-MWSS received cash delivery from PNB’s Cash Center in the amount of PhP
8,660,000.[10] Nonetheless, at around 11:00 a.m. of the same day, respondent Tria accompanied Atty.
Reyes in presenting Manager’s Check No. 1165848 to PNB’s Quezon City Circle Branch (PNB-Circle) for
encashment and told PNB-Circle’s SSO, George T. Flandez (Flandez), that PNB-MWSS had no available
cash to pay the amount indicated in the Manager’s Check. He also informed Flandez that Atty. Reyes was
a valued client of his branch and was in a hurry to leave for a scheduled appointment.[11]

To confirm the issuance of Manager’s Check No. 1165848, Flandez called PNB-MWSS and talked to its
Sales and Service Head, Geraldine C. Veniegas (Veniegas).[12] Veniegas confirmed that PNB-MWSS
issued a manager’s check in favor of Atty. Reyes and sent a letter-confirmation through e-mail to PNB-
Circle.[13]

While waiting for the confirmation, Flandez interviewed Atty. Reyes. Atty. Reyes told Flandez that he was
an MWSS contractor and the amount covered by Manager’s Check No. 1165848 represented the proceeds
of his recent contract with MWSS. Atty. Reyes then showed his driver’s license and Integrated Bar of the
Philippines identification card to Flandez and wrote the numbers of these cards on the back of the
manager’s check.[14]

Upon receiving confirmation from PNB-MWSS regarding the manager’s check, Flandez went to the Cash
Center of PNB-Circle to pick up the cash requisition. Tria and Atty. Reyes, however, followed him with Tria
telling Flandez: “Pirmahan ko na lang ‘tong check, George. Identify ko na lang siya kasi nagmamadali
siya. Dito na lang i-receive. For security… kasi nag-iisa lang siya.”[15] Tria then placed his signature on
the check above the handwritten note “PAYEE IDENTIFIED – AMELIO C. TRIA.”[16]

In August 2004, Veniegas, the Sales and Service Head of PNB-MWSS, observed that Tria showed sudden
concern with the Minutes of the Meeting dated August 6, 2004 even if he was no longer involved in the
operations of the bank. Tria reminded her to prepare the Minutes of the Meeting. Tria then made
revisions therein.[17] After the revised Minutes of the Meeting had been signed by all the attendees, Tria
sought to further amend the Minutes, as follows:

9. For your information, BM Tria, per delineation of functions has no approving authority
except in the opening of current and savings account. The BM is purely on marketing
clients and giving services to existing and new clients. Sometimes, we are requesting his
April-2012 Jurisprudence         assistance like:

         - represent/follow up our operational needs in the Head Office;

[A.M. No. P-09-2720 [Formerly OCA I.P.I. No. 09-
3259-P] : April 07, 2012] JUDGE SALVADOR R.
SANTOS, JR., PRESIDING JUDGE, MUNICIPAL TRIAL
COURT, ANGAT, BULACAN, COMPLAINANT, VS.
EDITHA R. MANGAHAS, COURT STENOGRAPHER OF
THE SAME COURT, RESPONDENT.
[G.R. No. 174489 : April 07, 2012] ANTONIO B.
BALTAZAR, SEBASTIAN M. BALTAZAR, ANTONIO L.
MANGALINDAN, ROSIE M. MATEO, NENITA A.
PACHECO, VIRGILIO REGALA, JR., AND RAFAEL
TITCO, PETITIONERS, VS. LORENZO LAXA,
RESPONDENT.
[A.M. No. RTJ-10-2232 : April 10, 2012] OFFICE OF
THE COURT ADMINISTRATOR, COMPLAINANT, VS.
JUDGE CADER P. INDAR, PRESIDING JUDGE AND
ACTING PRESIDING JUDGE OF THE REGIONAL TRIAL
COURT, BRANCH 14, COTABATO CITY AND BRANCH
15, SHARIFF AGUAK, MAGUINDANAO, RESPECTIVELY,
RESPONDENT.
- handles client complaints;
- assists in emergency cash requisitions;
- assists in accompanying valued client/clients to QC Circle Branch for
encashment of MCs merely to identify the bearer/payee and confirmation of the MC
whenever we are short in cash;
- we usually seek some advice and strategies on handling clients complaints
and on other operational matters.[18]
On November 1, 2004, Tria retired as PNB-MWSS’ Manager under PNB’s regular retirement plan.[19]
On February 2, 2005, Zaida Pulida (Pulida), the MWSS employee in charge of C/A No. 244-850099-6,[20]
inquired about the account’s outstanding balance. While she was trying to reconcile the records of MWSS
and PNB, she inquired about a debit entry dated April 22, 2004 to C/A No. 244-850099-6 in the amount
of PhP 5,200,000.
Veniegas verified that PhP 5,200,000 was indeed debited and was encashed using Manager’s Check No.
1165848 in favor of Atty. Rodrigo A. Reyes. Veniegas also attempted to retrieve the files for the
transaction on April 22, 2004 but discovered that the duplicate copy of Manager’s Check No. 1165848,
the manager’s check application form and the letter of authority were all missing.[21]

[G.R. Nos. 147036-37 : April 10, 2012] Pulida notified Veniegas that MWSS did not apply for the issuance of the manager’s check payable to
PETITIONER-ORGANIZATIONS, NAMELY: Atty. Reyes. Upon verification with the Integrated Bar of the Philippines, it was discovered that there was
PAMBANSANG KOALISYON NG MGA SAMAHANG no Rodrigo A. Reyes included in its membership roster. Further, upon inspection of the PNB-MWSS
MAGSASAKA AT MANGGAGAWA SA NIYUGAN microfilm copy of Manager’s Check No. 1165848, it was shown that the check was negotiated and
(PKSMMN), COCONUT INDUSTRY REFORM MOVEMENT
encashed at the PNB-Circle on April 26, 2004 and was annotated with “ok for payment per confirmation
(COIR), BUKLOD NG MALAYANG MAGBUBUKID,
PAMBANSANG KILUSAN NG MGA SAMAHANG and approval of PNB MWSS” by Tria on the dorsal portion of the check.[22]
MAGSASAKA (PAKISAMA), CENTER FOR AGRARIAN
REFORM, EMPOWERMENT AND TRANSFORMATION On February 14, 2005, MWSS wrote the new Branch Manager of PNB-MWSS, Ofelia Daway, about the
(CARET), PAMBANSANG KATIPUNAN NG MGA unauthorized withdrawal from their PNB C/A No. 244-850099-6.[23] MWSS expressed surprise at the
SAMAHAN SA KANAYUNAN (PKSK); PETITIONER- withdrawal of PhP 5,200,030 from its account when it had not issued any PNB checks. The MWSS letter
LEGISLATOR: REPRESENTATIVE LORETA ANN also stated that:
ROSALES; AND PETITIONER-INDIVIDUALS, NAMELY:
VIRGILIO V. DAVID, JOSE MARIE FAUSTINO, JOSE
CONCEPCION, ROMEO ROYANDOYAN, JOSE V. Our contractor has already submitted their final billing and we expect to withdraw the full
ROMERO, JR., ATTY. CAMILO L. SABIO, AND ATTY.
amount deposited to the said account within a month’s time. We therefore demand the
ANTONIO T. CARPIO, PETITIONERS, VS. EXECUTIVE
SECRETARY, SECRETARY OF AGRICULTURE, refund or restoration within five (5) days after receipt of this letter of the amount of
SECRETARY OF AGRARIAN REFORM, PRESIDENTIAL P5,200,030.00 to PNB Account No. 244-850099-6 representing the amount withdrawn
COMMISSION ON GOOD GOVERNMENT, THE without MWSS authorization/instructions. Otherwise, we will use all the legal means
SOLICITOR GENERAL, PHILIPPINE COCONUT available to MWSS to recover the amount.
PRODUCERS FEDERATION, INC. (COCOFED), AND
UNITED COCONUT PLANTERS BANK (UCPB),
RESPONDENTS. PNB conducted its own investigation and, at its conclusion, sought to hold Tria liable for qualified theft.
[24]
[A.M. No. P-11-2912 : April 10, 2012] OFFICE OF
THE COURT ADMINISTRATOR, COMPLAINANT, VS. Employees of PNB-MWSS, Veniegas, Bagasani, and Francisco, and PNB-Circle’s SSO, Flandez, executed
MARY LOU C. SARMIENTO, INTERPRETER II, BRANCH
separate complaint-affidavits to recount the circumstances of the issuance and encashment of Manager’s
57, METROPOLITAN TRIAL COURT, SAN JUAN CITY,
Check No. 1165848, and accused Tria guilty of qualified theft.
AND ARTURO F. ANATALIO, SHERIFF, BRANCH 58,
METROPOLITAN TRIAL COURT, SAN JUAN CITY,
RESPONDENTS. Tria, via his Counter-Affidavit, contended that (1) there was no taking of personal property; (2) there was
no intent to gain on his part; (3) the personal property does not belong to PNB even if it is the depositary
[A.M. No. MTJ-07-1667 : April 10, 2012] OFFICE OF bank; (4) there was no grave abuse of confidence on his part; and (5) his alleged identification of the
THE COURT ADMINISTRATOR, COMPLAINANT, VS. payee is not the operative act that triggered the payment of the manager’s check by the PNB-MWSS
JUDGE JAMES v. GO AND CLERK OF COURT MA. ELMER Branch.[25] Instead, Tria argued that it was Flandez who approved and paid the manager’s check even
M. ROSALES, MUNICIPAL TRIAL COURT IN CITIES beyond his authority. He added that it was the other bank employees who should be held liable for the
(MTCC), BRANCH 2, BUTUAN CITY, RESPONDENTS. loss.
[G.R. No. 173320 : April 11, 2012] EDUARDO B.
In his Reply-Affidavit dated February 20, 2006, Flandez contradicted Tria’s claim that Tria left PNB-Circle
MANZANO, PETITIONER, VS. ANTONIO B. LAZARO,
immediately after signing Manager’s Check No. 1165848. According to Flandez, Tria helped Atty. Reyes

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12/17/2019 [G.R. No. 193250 : April 25, 2012] PHILIPPINE NATIONAL BANK, PETITIONER, VS. AMELIO TRIA AND JOHN DOE, RESPONDENT…
RESPONDENT.
[A.M. No. P-12-3053 (formerly A.M. No. 06-3-88-
MTCC) : April 11, 2012] OFFICE OF THE COURT
ADMINISTRATOR, COMPLAINANT, VS. CARPIO,
(CHAIRPERSON), BRION, ABAD,* SERENO, AND
REYES, JJ. MANUEL Z. ARAYA, JR., UTILITY WORKER,
MTCC, BRANCH 2, OZAMIS CITY, RESPONDENT.
[G.R. No. 174118 : April 11, 2012] THE ROMAN
CATHOLIC CHURCH, REPRESENTED BY THE
ARCHBISHOP OF CACERES, PETITIONER, VS. REGINO
PANTE, RESPONDENT.
[G.R. No. 186141 : April 11, 2012] PEOPLE OF THE
PHILIPPINES, PLAINTIFF-APPELLEE, VS. JESUSA
FIGUEROA Y CORONADO, ACCUSED-APPELLANT.
[G.R. No. 175303 : April 11, 2012] PACIFIC ACE
FINANCE LTD. (PAFIN), PETITIONER, VS. EIJI*
YANAGISAWA, RESPONDENT.
[G.R. No. 173844 : April 11, 2012] LIGAYA P. CRUZ,
PETITIONER, VS. HON. RAUL M. GONZALEZ, ETC.,
DEVELOPMENT BANK OF THE PHILIPPINES, AND
COURT OF APPEALS. RESPONDENTS.
[G.R. No. 188661 : April 11, 2012] ESTELITA
VILLAMAR, PETITIONER, VS. BALBINO MANGAOIL,
RESPONDENT.
[A.M. No. P-11-3002 (Formerly A.M. No. 11-9-96-
MTCC) : April 11, 2012] OFFICE OF THE COURT
ADMINISTRATOR, COMPLAINANT, VS. MS. ESTRELLA
NINI, CLERK OF COURT II, MUNICIPAL TRIAL COURT
IN CITIES-BOGO, CITY OF CEBU, RESPONDENT.
[G.R. No. 164457 : April 11, 2012] ANNA LERIMA
PATULA, PETITIONER, VS. PEOPLE OF THE
PHILIPPINES, RESPONDENT.
[G.R. No. 175763 : April 11, 2012] HEIRS OF
BIENVENIDO AND ARACELI TANYAG, NAMELY:
ARTURO TANYAG, AIDA T. JOCSON AND ZENAIDA T.
VELOSO, PETITIONERS, VS. SALOME E. GABRIEL,
NESTOR R. GABRIEL, LUZ GABRIEL-ARNEDO MARRIED
TO ARTURO ARNEDO, NORA GABRIEL-CALINGO
MARRIED TO FELIX CALINGO, PILAR M. MENDIOLA,
MINERVA GABRIEL-NATIVIDAD MARRIED TO
EUSTAQUIO NATIVIDAD, AND ERLINDA VELASQUEZ
MARRIED TO HERMINIO VELASQUEZ, RESPONDENTS.
[G.R. No. 167057 : April 11, 2012] NERWIN
INDUSTRIES CORPORATION, PETITIONER, VS. PNOC-
ENERGY DEVELOPMENT CORPORATION, AND ESTER R.
GUERZON, CHAIRMAN, BIDS AND AWARDS
COMMITTEE, RESPONDENTS.
[G.R. No. 193509 : April 11, 2012] PEOPLE OF THE
PHILIPPINES, PLAINTIFF-APPELLEE, VS. IRENEO
GANZAN, ACCUSED-APPELLANT.
[G.R. No. 181544 : April 11, 2012] PEOPLE OF THE
PHILIPPINES, PLAINTIFF-APPELLEE, VS. JULIUS
TAGUILID Y BACOLOD, ACCUSED-APPELLANT.
[G.R. No. 188322 : April 11, 2012] PEOPLE OF THE
PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSEPH
ASILAN Y TABORNAL, ACCUSED-APPELLANT.
[G.R. No. 170290 : April 11, 2012] PHILIPPINE
DEPOSIT INSURANCE CORPORATION, PETITIONER,
VS. CITIBANK, N.A. AND BANK OF AMERICA, S.T. &
N.A., RESPONDENTS.
[A.M. No. P-12-3028 [Formerly OCA IPI No. 11-
3649-P] : April 11, 2012] ATTYS. RICARDO D.
GONZALES & ERNESTO D. ROSALES, COMPLAINANTS,
VS. ARTHUR G. CALO, SHERIFF IV, REGIONAL TRIAL
C, BRANCH 5, BUTUAN CITY RESPONDENT.
[A.C. No. 7880 : April 11, 2012] WILLIAM HECTOR
MARIA, PETITIONERS, VS. ATTY. WILFREDO R.
CORTEZ, RESPONDENTS.
[A.C. No. 5098 : April 11, 2012] JOSEFINA M.
ANIÑON, COMPLAINANT, VS. ATTY. CLEMENCIO
SABITSANA, JR., RESPONDENT.
[G.R. No. 179936 : April 11, 2012] PEOPLE OF THE
PHILIPPINES, PLAINTIFF-APPELLEE, VS. JAMAD
ABEDIN Y JANDAL, ACCUSED-APPELLANT.
[G.R. No. 177224 : April 11, 2012] PEOPLE OF THE
PHILIPPINES, PLAINTIFF-APPELLEE, VS. JIMMY
BIYALA VELASQUEZ, ACCUSED-APPELLANT.
[G.R. No. 184926 : April 11, 2012] PEOPLE OF THE
PHILIPPINES, PLAINTIFF-APPELLEE, VS. EDMUNDO
VILLAFLORES Y OLANO, ACCUSED-APPELLANT.
[G.R. No. 184282 : April 11, 2012] FRANCISCO
SORIANO AND DALISAY SORIANO, PETITIONERS, VS.
REPUBLIC OF THE PHILIPPINES, (REPRESENTED BY
THE OFFICE OF THE SOLICITOR GENERAL),
RESPONDENT.
[G.R. No. 197807 : April 16, 2012] PEOPLE OF THE
PHILIPPINES, PLAINTIFF-APPELLEE, VS. CECILIA
LAGMAN Y PIRING, ACCUSED-APPELLANT.
www.chanrobles.com/cralaw/2012aprildecisions.php?id=359
count the PhP 5,200,000 by the bundle and even asked the bank’s security guard for a plastic bag for the
cash.[26]
Following a preliminary investigation, the Assistant City Prosecutor issued a Resolution[27] on August 15,
2006 stating that Tria’s identification of the payee did not consummate the payment of the Manager’s
Check. Rather, it was held, the consummation of the payment occurred during Flandez’ approval of the
encashment. The Resolution’s dispositive portion reads:
WHEREFORE, in view of the foregoing, Undersigned respectfully recommends the approval
of the above and the dismissal of the charge for Qualified Theft against respondent Amelio
C. Tria due to lack of evidence and probable cause.
PNB moved for reconsideration but was denied in a Resolution[28] dated April 13, 2007.
Undaunted, PNB filed a petition for review with the Department of Justice (DOJ) and prayed for the
reversal of the August 15, 2006 and April 13, 2007 Resolutions issued by the Office of the City Prosecutor
of Quezon City (OCP).
On December 26, 2007, then Justice Secretary Raul M. Gonzales issued a Resolution dismissing PNB’s
petition for review. PNB’s motion for reconsideration was denied in a Resolution dated February 27, 2009.
PNB sought recourse before the Court of Appeals (CA). It alleged that both the OCP and the DOJ
committed grave abuse of discretion in failing to consider that Tria and Atty. Reyes/John Doe conspired in
committing the crime of qualified theft; and the DOJ committed grave abuse of discretion in failing to
consider the existence of probable cause in the instant case and affirming the OCP’s findings that there is
no probable cause to hold Tria and Atty. Reyes/John Doe for trial in the crime of qualified theft.
The Ruling of the CA
On January 18, 2010, the CA decided in favor of Tria. In affirming the DOJ Resolution issued by Secretary
Gonzales, the CA took notice of how Manager’s Check No. 1165848 was issued and paid by PNB after the
verification made by PNB’s own employees.
The CA ruled that probable cause against Tria and Atty. Reyes was not established since the employees of
PNB made the encashment after their own independent verification of C/A No. 244-850099-6. Further,
the CA deferred to the DOJ’s determination of probable cause for the filing of an information in court as it
is an executive function and ruled that the resolutions were not reversible as PNB was unable to show
that these resolutions of the DOJ were tainted with grave abuse of discretion. The CA, thus, affirmed the
OCP’s finding that Tria’s identification of the payee did not by itself bring about the payment of the
subject manager’s check and concluded that the element of taking of personal property belonging to
another without the owner’s consent is lacking since PNB consented to the taking by Atty. Reyes.
The dispositive portion of the CA Decision reads:
WHEREFORE, the petition is DISMISSED. The assailed Resolutions dated December 26,
2007 and February 29, 2009, issued by Justice Secretary Raul M. Gonzales in I.S. No. 05-
10093. are AFFIRMED.
SO ORDERED.
PNB, thus, questions the Decision of the CA by the instant appeal.
The Ruling of this Court
We find petitioner’s appeal meritorious.
According to the CA, it was the approval of the request for the issuance and for the encashment of the
manager’s check by the employees of PNB that resulted in the withdrawal of the amount encashed by
Atty. Reyes/John Doe. Hence, according to the appellate court, the OCP was correct in not pursuing the
criminal case against Tria.
Clearly, the CA in the instant case erroneously overlooked vital factual circumstances that call for a
reversal of its ruling.
While discretionary authority to determine probable cause in a preliminary investigation to ascertain
sufficient ground for the filing of an information rests with the executive branch,[29] such authority is far
from absolute. It may be subject to review when it has been clearly used with grave abuse of discretion.
[30] And indeed, grave abuse of discretion attended the decision to drop the charges against Tria as
there was more than probable cause to proceed against him for qualified theft.
It must be emphasized at the outset that what is necessary for the filing of a criminal information is not
proof beyond reasonable doubt that the person accused is guilty of the acts imputed on him, but only
that there is probable cause to believe that he is guilty of the crime charged.
Probable cause, for purposes of filing a criminal information, are such facts as are sufficient to engender
a well-founded belief that a crime has been committed and that the accused is probably guilty thereof.
[31] It is the existence of such facts and circumstances as would excite the belief in a reasonable mind,
acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the
crime for which he is to be prosecuted. [32] A finding of probable cause needs only to rest on evidence
showing that, more likely than not, a crime has been committed and that it was committed by the
accused.[33]
The acts of Tria and the relevant circumstances that led to the encashment of the check provide more
than sufficient basis for the finding of probable cause to file an information against him and John
Doe/Atty. Reyes for qualified theft. In fact, it is easy to infer from the factual milieu of the instant case
the existence of all the elements necessary for the prosecution of the crime of qualified theft.
As defined, theft is committed by any person who, with intent to gain, but without violence against, or
intimidation of persons nor force upon things, shall take the personal property of another without the
latter’s consent.[34] If committed with grave abuse of confidence, the crime of theft becomes qualified.
[35] In précis, qualified theft punishable under Article 310 in relation to Articles 308 and 309 of the
Revised Penal Code (RPC) is committed when the following elements are present:
1. Taking of personal property;
2. That the said property belongs to another;
3. That the said taking be done with intent to gain;
4. That it be done without the owner’s consent;
3/8
12/17/2019 [G.R. No. 193250 : April 25, 2012] PHILIPPINE NATIONAL BANK, PETITIONER, VS. AMELIO TRIA AND JOHN DOE, RESPONDENT…
[G.R. No. 193443 : April 16, 2012] JEAN TAN,
ROSELLER C. ANACINTO, CARLO LOILO ESPINEDA
AND DAISY ALIADO MANAOIS, REPRESENTED IN THIS
ACT BY THEIR ATTORNEY-IN-FACT, MA. WILHELMINA
E. TOBIAS, PETITIONERS, VS. REPUBLIC OF THE
PHILIPPINES, RESPONDENT.
[G.R. No. 173951 : April 16, 2012] DANIEL M.
ISON, PETITIONER, VS. CREWSERVE, INC., ANTONIO
GALVEZ, JR., AND MARLOW NAVIGATION CO., LTD.,
RESPONDENTS.
[G.R. No. 173820 : April 16, 2012] PRODUCERS
BANK OF THE PHILIPPINES, PETITIONER, VS.
EXCELSA INDUSTRIES, INC., RESPONDENT.
[A.C. No. 6903 : April 16, 2012] SUZETTE DEL
MUNDO, COMPLAINANT, VS. ATTY. ARNEL C.
CAPISTRANO, RESPONDENT.
[A.C. No. 6332 : April 17, 2012] IN RE: SUPREME
COURT RESOLUTION DATED 28 APRIL 2003 IN G.R.
NOS. 145817 AND 145822
[G.R. No. 175139 : April 18, 2012] HERMOJINA
ESTORES, PETITIONER, VS. SPOUSES ARTURO AND
LAURA SUPANGAN, RESPONDENTS.
[G.R. No. 180177 : April 18, 2012] ROGELIO S.
REYES, PETITIONER, VS. THE HONORABLE COURT OF
APPEALS, RESPONDENT.
[G.R. No. 185918 : April 18, 2012] LOCKHEED
DETECTIVE AND WATCHMAN AGENCY, INC.,
PETITIONER, VS. UNIVERSITY OF THE PHILIPPINES,
RESPONDENT.
[G.R. No. 171995 : April 18, 2012] STEELCASE,
INC., PETITIONER, VS. DESIGN INTERNATIONAL
SELECTIONS, INC., RESPONDENT.
[G.R. No. 194677 : April 18, 2012] ALEN H.
SANTIAGO, PETITIONER, VS. PACBASIN
SHIPMANAGEMENT, INC. AND/OR MAJESTIC
CARRIERS, INC., RESPONDENTS.
[G.R. No. 167735 : April 18, 2012] LAND BANK OF
THE PHILIPPINES, PETITIONER, VS. HEIRS OF
SALVADOR ENCINAS AND JACOBA DELGADO,
RESPONDENTS.
[G.R. No. 177761 : April 18, 2012] PEOPLE OF THE
PHILIPPINES, APPELLEE, VS. REMEDIOS TANCHANCO
Y PINEDA, APPELLANT.
[G.R. No. 200030 : April 18, 2012] PEOPLE OF THE
PHILIPPINES, PLAINTIFF-APPELLEE, VS. NELSON
BAYOT Y SATINA, ACCUSED-APPELLANT.
[G.R. No. 193415 : April 18, 2012] SPOUSES DAISY
AND SOCRATES M. AREVALO, PETITIONERS, VS.
PLANTERS DEVELOPMENT BANK AND THE REGISTER
OF DEEDS OF PARAÑAQUE CITY, RESPONDENTS.
[G.R. No. 175039 : April 18, 2012] ADDITION
HILLS MANDALUYONG CIVIC & SOCIAL
ORGANIZATION, INC., PETITIONER, VS. MEGAWORLD
PROPERTIES & HOLDINGS, INC., WILFREDO I.
IMPERIAL, IN HIS CAPACITY AS DIRECTOR, NCR, AND
HOUSING AND LAND USE REGULATORY BOARD,
DEPARTMENT OF NATURAL RESOURCES,
RESPONDENTS.
[G.R. No. 177611 : April 18, 2012] REPUBLIC OF
THE PHILIPPINES (UNIVERSITY OF THE
PHILIPPINES), PETITIONER, VS. RODOLFO L.
LEGASPI, SR., QUEROBIN L. LEGASPI, OFELIA
LEGASPI-MUELA, PURISIMA LEGASPI VDA. DE
MONDEJAR, VICENTE LEGASPI, RODOLFO LEGASPI II,
AND SPOUSES ROSALINA LIBO-ON AND DOMINADOR
LIBO-ON, RESPONDENTS.
[G.R. No. 192514 : April 18, 2012] D.M. CONSUNJI,
INC. AND/OR DAVID M. CONSUNJI, PETITIONERS, VS.
ESTELITO L. JAMIN, RESPONDENT.
[G.R. No. 180898 : April 18, 2012] PHILIPPINE
CHARTER INSURANCE CORPORATION, PETITIONER,
VS. PETROLEUM DISTRIBUTORS & SERVICE
CORPORATION RESPONDENT.
[G.R. No. 188921 : April 18, 2012] LEO C. ROMERO
AND DAVID AMANDO C. ROMERO, PETITIONERS, VS.
HON. COURT OF APPEALS, AURORA C. ROMERO AND
VITTORIO C. ROMERO, RESPONDENTS.
[G.R. No. 163700 : April 18, 2012] CHARLIE JAO,
PETITIONER, VS. BCC PRODUCTS SALES INC., AND
TERRANCE TY, RESPONDENTS.
[G.R. No. 163657 : April 18, 2012] INTERNATIONAL
MANAGEMENT SERVICES/MARILYN C. PASCUAL,
PETITIONER, VS. ROEL P. LOGARTA, RESPONDENT.
[A.M. No. P-11-3004 (Formerly OCA I.P.I. No. 10-
3483-P) : April 18, 2012] JUDGE ANDREW P.
DULNUAN, COMPLAINANT, VS. ESTEBAN D. DACSIG,
CLERK OF COURT II, RESPONDENT.
[G.R. No. 163125 : April 18, 2012] JOSE ABELGAS,
JR. AND LETECIA JUSAYAN DE ABELGAS,
www.chanrobles.com/cralaw/2012aprildecisions.php?id=359
5. That it be accomplished without the use of violence or intimidation against persons,
nor of force upon things; and
6. That it be done with grave abuse of confidence.
In the instant case, the first and second elements are unquestionably present. The money involved is the
personal property of Tria’s employer, PNB. Tria’s argument that the amount does not belong to PNB even
if it is the depositary bank is erroneous since it is well established that a bank acquires ownership of the
money deposited by its clients.[36]
The third element, intent to gain or animus lucrandi, is an internal act that is presumed from the unlawful
taking by the offender of the thing subject of asportation.[37] This element is immediately discernable
from the circumstances narrated in the affidavits submitted by PNB’s employees. In particular, it is plain
from Tria’s misrepresentation that the person he called Atty. Reyes was a valued client of PNB-MWSS who
was authorized to encash the manager’s check and his act of revising his functions as stated in the
Minutes of the Meeting referred to by Veniegas to make it appear that he had been tasked with
“accompanying valued client/clients to QC Circle Branch for encashment of MCs merely to identify the
bearer/payee and confirmation of the MC whenever we are short in cash.”
The fifth element is undisputed, while the last element, that the taking be done with grave abuse of
confidence, is sufficiently shown by the affidavits of PNB and Tria’s own admission of the position he held
at the Bank. A bank’s employees are entrusted with the possession of money of the bank due to the
confidence reposed in them and as such they occupy positions of confidence.[38]
It is the existence of the fourth element––the taking be done without the owner’s consent––that is the
crux of contention. While the appellate court, together with the DOJ and OCP, maintains the negative and
equates the cumulative acts of the other PNB employees as the consent of PNB in the issuance and
encashment of the manager’s check, this Court cannot find itself to sustain such opinion.
On the contrary, the facts portray the stark absence of consent on the part of PNB for the issuance of
manager’s check payable to “Atty. Rodrigo A. Reyes” and its felonious encashment by John Doe/Atty.
Reyes in complicity with Tria.
Tria, it must be reiterated, was PNB’s bank manager for its MWSS branch. The check in question was a
manager’s check. A manager’s check is one drawn by a bank’s manager, Tria in this case, upon
the bank itself. We have held that it stands on the same footing as a certified check, which is deemed
to have been accepted by the bank that certified it, as it is an order of the bank to pay, drawn upon itself,
committing in effect its total resources, integrity and honor behind its issuance. By its peculiar character
and general use in commerce, a manager’s check is regarded substantially to be as good as the
money it represents.[39] In fact, it is obvious from the PNB affidavits that the MWSS C/A was deducted
upon the issuance of the manager’s check and not upon its encashment. Indeed, as the bank’s own
check, a manager’s check becomes the primary obligation of the bank and is accepted in advance by
the act of its issuance.[40]
Taking this fact into consideration, it cannot be denied that the wheels of the felony started turning days
before the misrepresentations made by Tria at PNB-Circle. And the encashment was a mere culmination
of the crime that was commenced in PNB-MWSS.
The felony of qualified theft started with the use of the now missing falsified letter-request and
supporting documents for the issuance of the manager’s check and the re-activation of the MWSS C/A. It
was the pretense of an authority from MWSS that deprived PNB the liberty to either withhold
or freely give its consent for the valid reactivation of the account and issuance of the check.
Quoting from Black v. State,[41] this Court held in Gaviola v. People[42] that such pretense does not
validate a taking:
In all cases where one in good faith takes another’s property under claim of title in himself,
he is exempt from the charge of larceny, however puerile or mistaken the claim may in fact
be. And the same is true where the taking is on behalf of another, believed to be the true
owner. Still, if the claim is dishonest, a mere pretense, it will not protect the taker.
In more conventional words, this Court sustained the finding of qualified theft in People v. Salonga,[43]
where the taking was done through the issuance of a check by the very person responsible for, and in
custody of, the said check, viz:
The crime charged is Qualified Theft through Falsification of Commercial Document. The
information alleged that the accused took P36,480.30 with grave abuse of confidence by
forging the signature of officers authorized to sign the subject check and had the check
deposited in the account of Firebrake Sales and Services, a fictitious payee without any
legitimate transaction with Metrobank. Theft is qualified if it is committed with grave abuse
of confidence. The fact that accused-appellant as assistant cashier of Metrobank had
custody of the aforesaid checks and had access not only in the preparation but
also in the release of Metrobank cashier’s checks suffices to designate the crime as
qualified theft as he gravely abused the confidence reposed in him by the bank as assistant
cashier. x x x (Emphasis supplied.)
Similar to the bank involved in Salonga, PNB was deprived of the discretion to withhold its consent since,
as the circumstances establish, the very person responsible for the custody and the issuance of the check
is the one guilty for its felonious issuance and encashment, its former branch manager Tria.
Indeed, the pretense made in PNB-MWSS that led to the issuance of the Manager’s Check cannot be
imputed on anyone other than Tria. His role as the branch manager of PNB-MWSS who had the
responsibility over the functions of the employees of PNB-MWSS cannot be overlooked. As branch
manager, Tria signs manager’s checks. He serves as the last safeguard against any pretense resorted to
for an illicit claim over the bank’s money. The acts of the other bank officials in the MWSS branch in
processing the manager’s checks pass through the supervision and approval of Tria. Thus, the
processing and approval of the check are the responsibility of Tria.
As such, Tria is duty-bound to verify from the bank’s client any supposed authority given for the issuance
of a manager’s check. He was, therefore, duty-bound to confirm with MWSS whether the letter-
authorization for the deduction of P5.2 million from the MWSS C/A is genuine, legal and binding. Tria is
required to exercise the highest degree of care since the degree of diligence required of banks is more
than that of a good father of a family where the fiduciary nature of their relationship with their depositors
is concerned.[44] This degree of diligence was wanting in Tria’s failure to determine the veracity of said
letter-authority considering that the amount to be deducted is large, with the withdrawal of almost the
entire amount of the deposit leaving only less than PhP 200, more so when the account has been
dormant since April 16, 2003.
As standard banking practice intended precisely to prevent unauthorized and fraudulent withdrawals, a
4/8
12/17/2019 [G.R. No. 193250 : April 25, 2012] PHILIPPINE NATIONAL BANK, PETITIONER, VS. AMELIO TRIA AND JOHN DOE, RESPONDENT…
PETITIONERS, VS. SERVILLANO COMIA, RURAL BANK
OF SOCORRO INC. AND RURAL BANK OF
PINAMALAYAN, INC. RESPONDENTS.
[G.R. No. 182331 : April 18, 2012] MA. CORINA C.
JIAO, RODEN B. LOPEZ, FRANCISCO L. DIMAYUGA,
NORMA G. DEL VALLE, MACARIO G. MARASIGAN,
LANIE MARIA B. PASANA, NILO M. DE CASTRO,
ANGELITO M. BALITAAN, CESAR L. RICO, CRISPIN S.
CONSTANTINO, GLENDA S. CORPUZ, LEONILA C.
TUAZON, ALFREDO S. DAZA, LORNA R. CRUZ, MARIA
M. AMBOJIA, NOEMI M. JAPOR, ANGELITO V. DANAN,
GLORIA M. SALAZAR, JOHN V. VIGILIA, ROEL D.
ROBINO, WILLIAM L. ENDAYA, TERESITA M. ROMAN,
ARTURO M. SABALLE, AUGUSTO N. RIGOR, ALLAN O.
OLANO, RODOLFO T. CABATU, NICANOR R. BRAVO,
EDUARDO M. ALCANTARA, FELIPE F. OCAMPO,
ELPIDIO C. ADALIA, RENATO M. CRUZ, JOSE C. PEREZ,
JR., FERNANDO V. MAPILE, ROMEO R. PATRICIO,
FERNANDO N. RONGAVILLA, FERMIN A. COBRADOR,
ANTONIO O. BOSTRE, RALPH M. MICHAELSON,
CRISTINA G. MANIO, EDIGARDO M. BAUTISTA,
CYNTHIA C. SANIEL, PRISCILLA F. DAVID, MACARIO
V. ARNEDO, NORLITO V. HERNANDEZ, ALFREDO G.
BUENAVENTURA, JOSE R. CASTRONUEVO, OLDERICO
M. AGORILLA, CESAR M. PEREZ, RONALD M. GENER,
EMMANUEL G. QUILAO, BENJAMIN C. CUBA, EDGARDO
S. MEDRANO, GODOFREDO D. PATENA, VIRGILIO G.
ILAGAN, MYRNA C. LEGASPI, ELIZABETH P. REYES,
ANTONIO A. TALON, ROMEO P. CRUZ, ELEANOR T.
TAN, FERDINAND G. PINAUIN, MA. OLIVETTE A.
NAKPIL, GILBERT NOVIEM A. COLUMNA, ARTHUR L.
ABELLA, BENJAMIN L. ENRIQUEZ, ANTONINO P.
QUEVEDO, ADFEL GEORGE MONTEMAYOR, RAMON S.
VELASCO, WILFREDO M. HALILI, ANTONIO M.
LUMANGLAS, ANDREW M. MAGNO, SONNY S.
ESTANISLAO, RODOLFO S. ALABASTRO, MICAH B.
MARALIT, LINA M. QUEBRAL, REBECCA R. NARCISO,
RONILO T. TOLENTINO, RUPERTO B. LETAN, JR.,
MEDARDO A. VASQUEZ, VALENTINA A. SANTIAGO,
RODELO S. DIAZ, JOHN O. CORDIAL, EDWIN J.
ANDAYA, RODRIGO M. MOJADO, GERMAN L. ESTRADA,
BENJAMIN B. DADUYA, MARLYN A. MUNOZ, MARIVIC
M. DIONISIO, CESAR M. FLORES, JACINTO T. GUINTO,
JR., BELEN C. SALAVERRIA, EVELYN M. ANZURES,
GLORIA D. ABELLA, LILIAN V. BUNUAN, MA.
CONCEPCION G. UBIADAS, ROLANDO I. CAMPOSANO,
MONICO R. GOREMBALEM, ELADIO M. VICENCIO,
AMORSOLO B. BELTRAN, LEOPOLDO B. JUAREZ,
NEPHTALI V. SALAZAR, SANGGUNI P. ROQUE, ROY O.
SAPANGHILA, MELVIN A. DEVEZA, CARMENCITA D.
ABELLA, PRIMITIVO S. AGUAS, JOSE MA. ANTONIO I.
BUGAY, HILARIO P. DE GUZMAN, WILLIAM C.
VENTIGAN, NOEL L. AMA, ROMEO G. USON, RAOUL E.
VELASCO, FLORENCIO B. PAGSALIGAN, RUBEN C.
CRUZ, ANGELA D. CUSTODIO, NOEL C. CABEROY,
GUILLERMO V. GAVINO, JR., GAUDENCIO P. BESA,
AIDA M. PADILLA, ROWENA M. BAUYON, HENRY C.
EPISCOPE, ALVIN T. PATRIARCA, EUSTAQUIO C.
AQUINO, JR., VALENTINO T. ARELLANO, REYNALDO J.
AUSTRIA, BAYANI A. CUNANAN, EFREN T. JOSE,
EDUARDO P. LORIA, REYNALDO M. PORTILLO,
ARMANDO B. DUPAYA, SESINANDO S. GOMEZ,
BRICCIO B. GAFFUD III, DANILO N. PALO, MARIO F.
SOLANO, MARIANITO B. GOOT AND ELSA S. TANGO,
ZENAIDA N. GARIN, RUBY L. TEJADA, JOEL B. GARCIA,
MA. RUBY L. JIMENEA, ARLENE L. MADLANGBAYAN,
ROCELY P. MARASIGAN, MA. ROSARIO H. RIVERA,
OSCAR G. BARACHINA, EDITA M. REMO, ROBERTO P.
ENDAYA, ALELI B. ALANO, FRANCISCO T. MENEZ,
CAMILO N. CARILLO, ROSEMARIE A. DOMINGO,
LYNDON D. ENOROBA, MERLY H. JAVELLANA, HERNES
M. MANDABON, LUZ G. ONG, GILBERTO B. PICO,
CRISPIN A. TAMAYO, RICARDO C. VERNAIZ, RENATO
V. SACRAMENTO, CLODUALDO O. GOMEZ, MARINEL O.
ALPINO, ELY P. RAMOS, NICANOR E. REYES, JR.,
PETITIONERS, VS. NATIONAL LABOR RELATIONS
COMMISSION, GLOBAL BUSINESS BANK, INC.,
CORPORATE OFFICERS OF GLOBAL BANK: ROBIN
KING, HENRY M. SUN, BENJAMIN G. CHUA, JR.,
JOVENCIO F. CINCO, EDWARD S. GO, MARY VY TY,
TAKANORI NAKANO, JOHN K.C. NG, FLORENCIO T.
MALLARE, EDMUND/EDDIE GAISANO, FRANCISCO
SEBASTIAN, SAMUEL S. YAP, ALFRED VY TY, GEN
TOMII, CHARLES WAI-BUN CHEUNG AND
METROPOLITAN BANK AND TRUST COMPANY,
RESPONDENTS.
[G.R. No. 170425 : April 23, 2012] SECURITIES
AND EXCHANGE COMMISSION, NATIONAL BUREAU OF
INVESTIGATION AND DEPARTMENT OF JUSTICE,
PETITIONER, VS. RIZZA G. MENDOZA, CARLITO LEE,
GRESHIELA G. COMPENDIO, RAUL RIVERA, REY
BELTRAN, REX ALMOJUELA, LINDA P. CAPALUNGAN,
HILDA R. RONQUILLO, MA. LODA CALMA, TERESITA P.
ALMOJUELA, RUFINA ABAD AND AMADOR A.
PASTRANA, RESPONDENT.
[G.R. No. 143264 : April 23, 2012] LISAM
ENTERPRISES, INC. REPRESENTED BY LOLITA A.
SORIANO, AND LOLITA A. SORIANO, PETITIONERS,
VS. BANCO DE ORO UNIBANK, INC. (FORMERLY
PHILIPPINE COMMERCIAL INTERNATIONAL BANK),
[*] LILIAN S. SORIANO, ESTATE OF LEANDRO A.
SORIANO, JR., REGISTER OF DEEDS OF LEGASPI CITY,
AND JESUS L. SARTE, RESPONDENTS.
[G.R. No. 179488 : April 23, 2012] COSCO
PHILIPPINES SHIPPING, INC., PETITIONER, VS.
KEMPER INSURANCE COMPANY, RESPONDENT.
www.chanrobles.com/cralaw/2012aprildecisions.php?id=359
bank manager verifies with the client-depositor to authenticate and confirm that he/she has validly
authorized such withdrawal. Such failure of Tria as bank manager to verify the legitimacy of the
requested withdrawal lends credence to the accusation that he colluded with Atty. Reyes to feloniously
take money from PNB, and his complicity includes depriving the bank of its opportunity to deny and
withhold the consent for the necessary issuance of Manager’s Check No. 1165848. It cannot, therefore,
be gainsaid that PNB did not consent to the issuance of the check and its eventual encashment—
which both constitute the taking of personal property—as respondents had made sure that the
bank was rendered inutile and incapable to give its consent. The fourth element of the crime
clearly exists.
Furthermore, a branch manager normally stays at his branch to perform his functions and duties in such
position in said branch except on official business as prescribed by the bank. Certainly, it is not one of
the duties of a branch manager to leave his office and personally accompany a payee of a manager’s
check it issued to another branch to encash said check. It is, therefore, unusual and highly suspicious
for Tria to leave his office located in Balara, Diliman, Quezon City and travel to Quezon Avenue where the
PNB-Circle is located to identify a fictitious payee and ensure the encashment of the check.
Tria could just have waited for a call from the branch manager of the PNB Quezon City Circle Branch to
verify the authenticity of said check. Such extra effort and unexplained gesture on the part of Tria to
provide assistance to Atty. Reyes, a fake lawyer, to ensure the encashment of the check leaves one to
believe that he is in cahoots with the impostor.
What is more, it is curious that Tria accompanied John Doe/Atty. Reyes to encash the manager’s check in
another branch under the pretext that his own branch is short of cash when in fact more than PhP 8
million has just been delivered to PNB-MWSS. Such misrepresentation can only be considered as an
attempt to cover the crime and pass the blame to other PNB employees, as in fact the CA ruled that
Flandez is to blame. This attempt is further reinforced by the curious case of the missing fictitious letter-
request and its supporting documents, which were last seen in the vault of PNB-MWSS which can be
accessed by Tria. Furthermore, the allegation of Veniegas that Tria unilaterally and secretly revised the
bank’s Minutes of the Meeting to reflect that he had “no approval authority” beyond opening accounts but
was specifically requested by the bank to “assist valued clients” in encashing checks at the Quezon City
Circle Branch shows an ingenious ploy by Tria to cover his tracks upon the eventual discovery of the theft
and is in contravention of the General Banking Law of 2000.[45]
Nonetheless, nothing is more damning than the fact that Tria vouched for the identity of John Doe/Atty.
Reyes, even claimed that Atty. Reyes is a valued client of PNB-MWSS, affixed his signature at the back
portion of the check to guarantee that Atty. Reyes is the true and legal payee, and ultimately guaranteed
that the Manager’s check is legally effective and valid and everything is aboveboard. PNB-Circle could
have verified from MWSS if the deduction is authorized especially considering that the money will be
deducted from an account of a government corporation. The identification by Tria of Atty. Reyes as payee
precluded and preempted the bank officials from verifying the transaction from MWSS. Thus, the
identification made by Tria impliedly warranted to the PNB-Circle that said Manager’s check was validly
issued with the consent of PNB, and that the encashment is legal and warranted.
It must also be noted that Tria likewise made representations to the PNB-Circle that the Manager’s check
is legal and valid as evidenced by the annotation at the dorsal portion of the check “ok for payment per
confirmation and approval of PNB MWSS.” The act of Tria in confirming and approving the
encashment of the check by Reyes is the pretense of the consent given to him by PNB to
authorize the issuance of the manager’s check that resulted in the taking of PhP 5.2 million
from PNB. Tria must, therefore, be prosecuted and tried before the courts of justice.
While it is truly imperative to relieve a person from the pain of going through the rigors of trial, it is more
imperative to proceed with the prosecution of a criminal case to ensure that the truth is revealed and
justice served when there is a prima facie case against him.[46] cralaw
WHEREFORE, the petition is GRANTED. The Decision of the Court of Appeals in CA-G.R. SP No. 108571
is REVERSED and SET ASIDE. The Office of the City Prosecutor of Quezon City is ORDERED to file an
Information charging Amelio C. Tria and Atty. Reyes/John Doe for Qualified Theft.
SO ORDERED.
Peralta, Abad, Mendoza, and Perlas-Bernabe, JJ., concur.
Endnotes:
[1]Rollo, pp. 10-20. Penned by Associate Justice Hakim S. Abdulwahid and concurred in by
Associate Justices Normandie B. Pizarro and Florito S. Macalino.
[2]
Id. at 55. The Capture Card (Annex “F,” rollo, p. 97) accomplished upon the opening of
the C/A stated the following: “Please recognize subject to the instruction given below, the
following signature(s) in the operation of the deposit account by the application.” The
Capture Card had three boxes indicating the choice of signatures to be recognized, the last
box of which was marked with an “x” indicating the word “ALL” with the phrases “any three
(3)” and “one fr. each set” respectively typed above and below the box. The signature
boxes contained the name and signatures of Marca A. Cruz and Leonor Cleofas of MWSS,
Arnulfo R. Ramirez and Salvador G. Tirona of MWSI, and Hua Zelin of Chine Geo.
[3]
Id. at 94.
[4] Id. at 95.
[5] Id. at 96.
[6]
Id. at 98.
[7] Id. at 55.
[8] Annex “H,” id. at 100.
[9]
Id. at 55.
[10] Id. at 96.
[11] Id at 55-56.
[12] Id. at 104.
[13] Id.
[14] Id.
5/8
12/17/2019 [G.R. No. 193250 : April 25, 2012] PHILIPPINE NATIONAL BANK, PETITIONER, VS. AMELIO TRIA AND JOHN DOE, RESPONDENT…
[A.M. No. MTJ-08-1711 : April 23, 2012]
RAMONCITO AND JULIANA LUARCA, VS. [15] Id.
COMPLAINANTS, JUDGE IRENEO B. MOLATO,
MUNICIPAL TRIAL COURT, BONGABONG, ORIENTAL [16]
MINDORO, RESPONDENT. [A.M. NO. MTJ-08-1716] Id.
JENY AGBAY, COMPLAINANT, VS. JUDGE IRENEO B.
MOLATO, MUNICIPAL TRIAL COURT, BONGABONG, [17] Id. at 94-95.
ORIENTAL MINDORO, RESPONDENT.
[18] Id. at 95.
[A.M. No. P-11-2948 [Formerly OCA I.P.I. No. 09-
3049-P] : April 23, 2012] EVELYN V. JALLORINA, [19]
COMPLAINANT, VS. RICHELLE TANEO-REGNER, DATA Id. at 110.
ENTRY MACHINE OPERATOR II, REGIONAL TRIAL
COURT, OFFICE OF THE CLERK OF COURT, SAN [20] Also referred to as “Zenaida Pulido” in other parts of the CA Decision.
MATEO, RIZAL, RESPONDENT.
[21] Rollo, p. 57.
[G.R. No. 175042 : April 23, 2012] DANILO A. DU,
PETITIONER, VS. VENANCIO R. JAYOMA, THEN [22]
MUNICIPAL MAYOR OF MABINI, BOHOL, VICENTE Id. at 95.
GULLE, JR., JOVENIANO MIANO, WILFREDO MENDEZ,
AGAPITO VALLESPIN, RENE BUCIO, JESUS TUTOR, [23] Id. at 115. The letter was signed by MWSS Administrator Orlando C. Honrade.
CRESCENCIO BERNALES, EDGARDO YBANEZ, AND REY
PAGALAN, THEN MEMBERS OF THE SANGGUNIANG [24] Id at 57.
BAYAN (SB) OF MABINI, BOHOL, RESPONDENTS.
[25] Id.
[A.C. No. 7481 : April 24, 2012] LORENZO D.
BRENNISEN, COMPLAINANT, VS. ATTY. RAMON U.
CONTAWI, RESPONDENT. [26] Id. at 58.

[G.R. No. 171101 : April 24, 2012] HACIENDA [27] The Resolution was issued by Assistant City Prosecutor Alessandro D. Jurado.
LUISITA, INCORPORATED, PETITIONER, LUISITA
INDUSTRIAL PARK CORPORATION AND RIZAL [28]
COMMERCIAL BANKING CORPORATION, The Resolution was issued by 2nd Assistant City Prosecutor Rogelio A. Velasco.
PETITIONERS-IN-INTERVENTION, VS. PRESIDENTIAL
AGRARIAN REFORM COUNCIL; SECRETARY NASSER [29] Asetre v. Asetre, G.R. No. 171536, April 7, 2009, 584 SCRA 471, 483.
PANGANDAMAN OF THE DEPARTMENT OF AGRARIAN
REFORM; ALYANSA NG MGA MANGGAGAWANG BUKID [30] UCPB v. Looyuko, G.R. No. 156337, September 28, 2007, 534 SCRA 322, 331.
NG HACIENDA LUISITA, RENE GALANG, NOEL
MALLARI, AND JULIO SUNIGA[1] AND HIS [31]
SUPERVISORY GROUP OF THE HACIENDA LUISITA, Borlongan v. Peña, G.R. No. 143591, November 23, 2007, 538 SCRA 221, 236; citing
INC. AND WINDSOR ANDAYA, RESPONDENTS. Sarigumba v. Sandiganbayan, G.R. Nos. 154239-41, February 16, 2005, 451 SCRA 533,
550.
[G.R. No. 191970 : April 24, 2012] ROMMEL
APOLINARIO JALOSJOS, PETITIONER, VS. THE [32] Id.
COMMISSION ON ELECTIONS AND DAN ERASMO, SR.,
RESPONDENTS. [33] Id..
[G.R. Nos. 184379-80 : April 24, 2012] RODOLFO
[34] Revised Penal Code, Art. 308, par. 1.
NOEL LOZADA, JR., VIOLETA LOZADA AND ARTURO
LOZADA, PETITIONERS, VS. PRESIDENT GLORIA
MACAPAGAL ARROYO, EDUARDO ERMITA, AVELINO [35] Id., Art. 310.
RAZON, ANGEL ATUTUBO AND SPO4 ROGER
VALEROSO,* RESPONDENTS. [36] People v. Puig, G.R. Nos. 173654-765, August 28, 2008, 563 SCRA 564, 575.
[G.R. No. 164987 : April 24, 2012] LAWYERS
[37] Matrido v. People, G.R. No. 179061, July 13, 2009, 592 SCRA 534.
AGAINST MONOPOLY AND POVERTY (LAMP),
REPRESENTED BY ITS CHAIRMAN AND COUNSEL,
CEFERINO PADUA, MEMBERS, ALBERTO ABELEDA, JR., [38] Id.
ELEAZAR ANGELES, GREGELY FULTON ACOSTA,
VICTOR AVECILLA, GALILEO BRION, ANATALIA [39]Equitable PCI Bank v. Ong, G.R. No. 156207, September 15, 2006, 502 SCRA 119,
BUENAVENTURA, EFREN CARAG, PEDRO CASTILLO,
NAPOLEON CORONADO, ROMEO ECHAUZ, ALFREDO DE
132; citing Tan v. Court of Appeals, G.R. No. 108555, December 20, 1994, 239 SCRA 310,
GUZMAN, ROGELIO KARAGDAG, JR., MARIA LUZ 322.
ARZAGA-MENDOZA, LEO LUIS MENDOZA, ANTONIO P.
PAREDES, AQUILINO PIMENTEL III, MARIO REYES, [40]Security Bank and Trust Corporation v. Rizal Commercial Banking Corporation, G.R.
EMMANUEL SANTOS, TERESITA SANTOS, RUDEGELIO No. 170984, January 30, 2009, 577 SCRA 407, 414.
TACORDA, SECRETARY GEN. ROLANDO ARZAGA,
BOARD OF CONSULTANTS, JUSTICE ABRAHAM [41] 3 So. 814 (1888).
SARMIENTO, SEN. AQUILINO PIMENTEL, JR., AND
BARTOLOME FERNANDEZ, JR., PETITIONERS, VS. THE [42]
SECRETARY OF BUDGET AND MANAGEMENT, THE G.R. No. 163927, January 27, 2006, 480 SCRA 436, 445-447.
TREASURER OF THE PHILIPPINES, THE COMMISSION
ON AUDIT, AND THE PRESIDENT OF THE SENATE AND [43] G.R. No. 131131, June 21, 2001, 359 SCRA 310, 323.
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES
IN REPRESENTATION OF THE MEMBERS OF THE [44] Associated Bank v. Tan, G.R. No. 156940, December 14, 2004, 446 SCRA 282, 291;
CONGRESS, RESPONDENTS.
citing Philippine Bank of Commerce v. Court of Appeals, 336 Phil. 667, 681 (1997).
[G.R. No. 192791 : April 24, 2012] DENNIS A. B.
[45] Republic Act No. 8791 states:
FUNA, PETITIONER, VS. THE CHAIRMAN,
COMMISSION ON AUDIT, REYNALDO A. VILLAR,
RESPONDENT. Sec. 55. Prohibited Transactions:

[G.R. No. 181367 : April 24, 2012] LA CARLOTA 55.1. No director, officer, employee, or agent of any bank shall —
CITY, NEGROS OCCIDENTAL, REPRESENTED BY ITS
MAYOR, HON. JEFFREY P. FERRER, AND THE (a) Make false entries in any bank report or statement or participate in any fraudulent
SANGGUNIANG PANLUNGSOD OF LA CARLOTA CITY,
transaction, thereby affecting the financial interest of, or causing damage to, the bank or
NEGROS OCCIDENTAL, REPRESENTED BY ITS VICE-
any person.
MAYOR, HON. DEMIE JOHN C. HONRADO,
PETITIONERS, VS. ATTY. REX G. ROJO, RESPONDENT.
[46] People v. Puig, supra note 36.
[G.R. No. 193261 : April 24, 2012] MEYNARDO
SABILI, PETITIONER, VS. COMMISSION ON
ELECTIONS AND FLORENCIO LIBREA, RESPONDENTS.

[A.C. No. 7940 : April 24, 2012] RE: SC DECISION

DATED MAY 20, 2008 IN G.R. NO. 161455 UNDER Back to Home | Back to Main
RULE 139-B OF THE RULES OF COURT, VS. ATTY.
RODOLFO D. PACTOLIN, RESPONDENT.

[G.R. No. 184528 : April 25, 2012] NILO OROPESA, QUICK SEARCH
PETITIONER, VS. CIRILO OROPESA, RESPONDENT.

[A.M. No. MTJ-11-1781 (Formerly OCA I.P.I. No.

09-2161-MTJ) : April 25, 2012] DR. RAMIE G. HIPE,
COMPLAINANT, VS. JUDGE ROLANDO T. LITERATO, 1901 1902 1903 1904 1905 1906 1907 1908
MUNICIPAL TRIAL COURT, MAINIT, SURIGAO DEL 1909 1910 1911 1912 1913 1914 1915 1916
NORTE, RESPONDENT.
1917 1918 1919 1920 1921 1922 1923 1924
[G.R. No. 183706 : April 25, 2012] PEOPLE OF THE 1925 1926 1927 1928 1929 1930 1931 1932
PHILIPPINES, PLAINTIFF-APPELLEE, VS. SAMSON
ESCLETO, ACCUSED-APPELLANT. 1933 1934 1935 1936 1937 1938 1939 1940

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12/17/2019 [G.R. No. 193250 : April 25, 2012] PHILIPPINE NATIONAL BANK, PETITIONER, VS. AMELIO TRIA AND JOHN DOE, RESPONDENT…
1941 1942 1943 1944 1945 1946 1947 1948
[G.R. No. 170865 : April 25, 2012] PHILIPPINE
NATIONAL BANK, PETITIONER, VS. SPOUSES CHEAH 1949 1950 1951 1952 1953 1954 1955 1956
CHEE CHONG AND OFELIA CAMACHO CHEAH, 1957 1958 1959 1960 1961 1962 1963 1964
RESPONDENTS. [G.R. NO. 170892] SPOUSES CHEAH
CHEE CHONG AND OFELIA CAMACHO CHEAH, 1965 1966 1967 1968 1969 1970 1971 1972
PETITIONERS, VS. PHILIPPINE NATIONAL BANK, 1973 1974 1975 1976 1977 1978 1979 1980
RESPONDENT.
1981 1982 1983 1984 1985 1986 1987 1988
[G.R. No. 183308 : April 25, 2012] INSULAR 1989 1990 1991 1992 1993 1994 1995 1996
INVESTMENT AND TRUST CORPORATION,
PETITIONER, VS. CAPITAL ONE EQUITIES CORP. 1997 1998 1999 2000 2001 2002 2003 2004
(NOW KNOWN AS CAPITAL ONE HOLDINGS CORP.) 2005 2006 2007 2008 2009 2010 2011 2012
AND PLANTERS DEVELOPMENT BANK, RESPONDENTS.
2013 2014 2015 2016 2017 2018
[G.R. No. 189434 : April 25, 2012] FERDINAND R.
MARCOS, JR. PETITIONER, VS. REPUBLIC OF THE
PHILIPPINES, REPRESENTED BY THE PRESIDENTIAL
COMMISSION ON GOOD GOVERNMENT, RESPONDENT.
[G.R. NO. 189505] IMELDA ROMUALDEZ-MARCOS,
PETITIONER , VS. REPUBLIC OF THE PHILIPPINES,
RESPONDENT.
Main Indices of the Library ---> Go!

[G.R. No. 190610 : April 25, 2012] PEOPLE OF THE

PHILIPPINES, PLAINTIFF AND APPELLEE, VS.
SATURNINO DE LA CRUZ AND JOSE BRILLANTES Y
LOPEZ, ACCUSED. JOSE BRILLANTES Y LOPEZ,
ACCUSED-APPELLANT.

[G.R. No. 192737 : April 25, 2012] NEMIA CASTRO,

PETITIONER, VS. ROSALYN GUEVARRA AND JAMIR
GUEVARRA, RESPONDENTS.

[A.M. No. P-12-3058 [Formerly A.M. OCA I.P.I. No.

10-3357-P] : April 25, 2012] LEAVE DIVISION,
OFFICE OF ADMINISTRATIVE SERVICES, OFFICE OF
THE COURT OF ADMINISTRATOR, COMPLAINANT, VS.
GEORGE E. GAREZA, SHERIFF III, MUNICIPAL TRIAL
COURT IN CITIES, VICTORIAS CITY, NEGROS
OCCIDENTAL, RESPONDENT.

[G.R. No. 194813 : April 25, 2012] KAKAMPI AND

ITS MEMBERS, VICTOR PANUELOS, ET AL.,
REPRESENTED BY DAVID DAYALO, KAKAMPI VICE
PRESIDENT AND ATTORNEY-IN-FACT, PETITIONER,
VS. KINGSPOINT EXPRESS AND LOGISTIC AND/OR
MARY ANN CO, RESPONDENTS.

[G.R. No. 189127 : April 25, 2012] NATIONAL

POWER CORPORATION, PETITIONER, VS. SPOUSES
BERNARDO AND MINDALUZ SALUDARES,
RESPONDENTS.

[G.R. No. 187919 : April 25, 2012] RAFAEL H.

GALVEZ AND KATHERINE L. GUY, PETITIONERS, VS.
HON. COURT OF APPEALS AND ASIA UNITED BANK,
RESPONDENTS. [G.R. NO. 187979] ASIA UNITED
BANK, PETITIONER, VS. GILBERT G. GUY, PHILIP
LEUNG, KATHERINE L. GUY, RAFAEL H. GALVEZ AND
EUGENIO H. GALVEZ, JR., RESPONDENTS. [G.R. NO.
188030] GILBERT G. GUY, PHILIP LEUNG AND
EUGENIO H. GALVEZ, JR., PETITIONERS, VS. ASIA
UNITED BANK, RESPONDENT.

[G.R. No. 188497 : April 25, 2012] COMMISSIONER

OF INTERNAL REVENUE, PETITIONER, VS. PILIPINAS
SHELL PETROLEUM CORPORATION, RESPONDENT.

[G.R. No. 190321 : April 25, 2012] PEOPLE OF THE

PHILIPPINES, PLAINTIFF-APPELLEE, VS. SAMMY
UMIPANG Y ABDUL, ACCUSED-APPELLANT.

[G.R. No. 190569 : April 25, 2012] P/INSP. ARIEL

S. ARTILLERO, PETITIONER, VS. ORLANDO C.
CASIMIRO, OVERALL DEPUTY OMBUDSMAN, OFFICE
OF THE DEPUTY OMBUDSMAN; BERNABE D. DUSABAN,
PROVINCIAL PROSECUTOR, OFFICE OF THE
PROVINCIAL PROSECUTOR OF ILOILO; EDITO
AGUILLON, BRGY. CAPT., BRGY. LANJAGAN, AJUY,
ILOILO, RESPONDENTS.

[G.R. No. 190749 : April 25, 2012] VALENTIN

ZAFRA Y DECHOSA AND EROLL MARCELINO Y REYES,
PETITIONERS, VS. PEOPLE OF THE PHILIPPINES,
RESPONDENT.

[G.R. No. 194024 : April 25, 2012] PHILIP L. GO,

PACIFICO Q. LIM AND ANDREW Q. LIM PETITIONERS,
VS. DISTINCTION PROPERTIES DEVELOPMENT AND
CONSTRUCTION, INC. RESPONDENT.

[G.R. No. 183916 : April 25, 2012] SPOUSES

NICANOR MAGNO AND CARIDAD MAGNO,
PETITIONERS, VS. HEIRS OF PABLO PARULAN,
REPRESENTED BY EMILIANO PARULAN, DEPARTMENT
OF AGRARIAN REFORM, BALIUAG, BULACAN, OFFICE
OF THE REGISTER OF DEEDS OF GUIGUINTO,
BULACAN, RESPONDENTS.

[G.R. No. 172538 : April 25, 2012] ISABELO

ESPERIDA, LORENZO HIPOLITO, AND ROMEO DE
BELEN, PETITIONERS, VS. FRANCO K. JURADO, JR.,
RESPONDENT.

[G.R. No. 161909 : April 25, 2012] PHILTRANCO

SERVICE ENTERPRISES, INC., PETITIONER, VS. FELIX
PARAS AND INLAND TRAILWAYS, INC., AND HON.
COURT OF APPEALS, RESPONDENTS.

[G.R. No. 173870 : April 25, 2012] OSCAR DEL

CARMEN, JR., PETITIONER, VS. GERONIMO BACOY,

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12/17/2019 [G.R. No. 193250 : April 25, 2012] PHILIPPINE NATIONAL BANK, PETITIONER, VS. AMELIO TRIA AND JOHN DOE, RESPONDENT…
GUARDIAN AND REPRESENTING THE CHILDREN,
NAMELY: MARY MARJORIE B. MONSALUD, ERIC B.
MONSALUD, METZIE ANN B. MONSALUD, KAREEN B.
MONSALUD, LEONARDO B. MONSALUD, JR., AND
CRISTINA B. MONSALUD, RESPONDENTS.

[G.R. No. 173840 : April 25, 2012] SAMAR II

ELECTRIC COOPERATIVE, INC. (SAMELCO II) AND ITS
BOARD OF DIRECTORS, COMPOSED OF DEBORAH T.
MARCO (IMMEDIATE PAST PRESIDENT), ATTY.
MEDINO L. ACUBA, ENGR. MANUEL C. OREJOLA,
ALFONSO F. QUILAPIO, RAUL DE GUZMAN AND
PONCIANO R. ROSALES (GENERAL MANAGER AND EX
OFFICIO DIRECTOR), PETITIONERS, VS. ANANIAS D.
SELUDO, JR., RESPONDENT.

[A.M No. P-11-3003 (Formerly A.M. IPI No. 08-

2970-P) : April 25, 2012] RE: COMPLAINT FILED BY
PAZ DE VERA LAZARO AGAINST EDNA MAGALLANES,
COURT STENOGRAPHER III, REGIONAL TRIAL COURT,
BRANCH 28; AND BONIFACIO G. MAGALLANES,
PROCESS SERVER, REGIONAL TRIAL COURT, BRANCH
30, BAYOMBONG, NUEVA VIZCAYA.

[G.R. No. 192190 : April 25, 2012] BILLY M.

REALDA, PETITIONER, VS. NEW AGE GRAPHICS, INC.
AND JULIAN I. MIRASOL, JR. RESPONDENTS.

[G.R. No. 193250 : April 25, 2012] PHILIPPINE

NATIONAL BANK, PETITIONER, VS. AMELIO TRIA AND
JOHN DOE, RESPONDENTS.

[G.R. No. 185829 : April 25, 2012] ARMANDO

ALILING, PETITIONER, VS. JOSE B. FELICIANO,
MANUEL F. SAN MATEO III, JOSEPH R. LARIOSA, AND
WIDE WIDE WORLD EXPRESS CORPORATION,
RESPONDENTS.

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