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People v. Villaraza (1978) | January 17, 1978 | G.R. No. L-46228 | Ponente: AQUINO, J

Topic: Cons+tu+onal Limita+ons on Legisla+ve Power to Enact Penal Laws; Bill of A=ainder / Ex post facto law

Pe++oner: The People of the Philippines

Respondents: Hon. Rolando R. Villaraza (as City Judge of Cagayan de Oro City) and Caesar Puerto

FACTS:

- This case is about the jurisdic+on of a city court in estafa cases

o An estafa case is one in which a single party inten+onally defrauds another party, with the necessary
requirement that the former party suffers an injury.
- DECEMBER 3, 1975 — an assistant city fiscal charged CAESAR PUERTO with estafa in the city court of CAGAYAN
DE ORO CITY, for issuing TWO BOUNCING CHECKS for the TOTAL SUM OF P4,966.63 on OCTOBER 16, 1974
- CITY JUDGE ROLANDO R. VILLARAZA in his order MARCH 31, 1976, noted that the accused waived the second
stage of the preliminary inves`ga`on.
- He directed that the case be elevated, for trial, to the COURT OF FIRST INSTANCE or the CIRCUIT CRIMINAL
COURT.
- COURT OF FIRST INSTANCE OF MISAMIS ORIENTAL, CAGAYAN DE ORO BRANCH VIII, in its order of FEBRUARY
3, 1977, returned the case to the city court because it believed that the case falls within their jurisdic+on and
since they were the first court to see the case, they should try it.
- CITY JUDGE VILLARAZA disagreed with the COURT OF FIRST INSTANCE and in his order of APRIL 21, 1977,
directed the re-eleva+on of the case. He believes that the case falls within the EXCLUSIVE ORIGINAL
JURISDICTION of the COURT OF FIRST INSTANCE because ESTAFA commi=ed by the accused is punishable by
PRISION MAYOR medium under PRESIDENTIAL DECREE NO. 818, which took effect on OCTOBER 22, 1975, and
which AMENDED ARTICLE 315 of the REVISED PENAL CODE.
- Office of the city fiscal of Cagayan de Oro City assailed Villaraza’s order in this pe``on for cer`orari filed on
MAY 27, 1977

ISSUE + RULING:

Whether or not jurisdic+on of the case filed belongs to the city court of Cagayan de Oro City.

— YES. The Supreme Court ruled that the case was properly filed with the city court which has original jurisdic+on
over it. The estafa imputed to Caesar Puerto is punishable under ar+cle 315 of the Revised Penal Code by arresto
mayor maximum to prision correccional minimum or four months and one day to two years and four months.

— The penalty of prision mayor medium, or eight years and one day to ten years, imposed by Presiden`al Decree
No. 818, applies only to swindling by means of issuing bouncing checks which was commihed or aier October 22,
1975.

— That increased penalty does not apply to the estafa commihed by Puerto on October 16, 1974. To apply it to
Puerto would make the decree an ex post facto law. Its retroac`ve applica`on is prohibited by ar`cles 21 and 22 of
the Revised Penal Code and sec`on 12, Ar`cle IV of the Cons`tu`on.

— Art. 21. Penal+es that may be imposed. — No felony shall be punishable by any penalty not prescribed by
law prior to its commission.

— Art. 22. Retroac+ve effect of penal laws. — Penal Laws shall have a retroac+ve effect insofar as they favor
the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Ar+cle 62 of this
Code, although at the +me of the publica+on of such laws a final sentence has been pronounced and the convict is
serving the same.

The city court has original jurisdic`on over the case because the penul+mate paragraph or sec`on 87 of the
Judiciary Law, as amended by Republic Acts Nos. 2613 and 3828, provides that "judges of city courts shall have like
jurisdic`on as the Court of First Instance to try par`es charged with an offense commihed within their respec`ve
jurisdic`ons, in which the penalty provided by law does not exceed prision correccional or imprisonment for not
more than six years or fine not exceeding six thousand pesos or both."
ADDITIONAL NOTES:

Swindling or estafa is punishable under Ar+cle 315 of the RPC. There are three ways of commi_ng estafa:
(1) with unfaithfulness or abuse of confidence; (2)
(2) by means of false pretenses or fraudulent acts; or (3)
(3) through fraudulent means.

The three ways of commi_ng estafa may be reduced to two:

(1) by means of abuse of confidence; or
(2) by means of deceit.

The elements of estafa in general are the following:

(a) that an accused defrauded another by abuse of confidence, or by means of deceit; and
(b) that damage and prejudice capable of pecuniary es+ma+on is caused the offended party or third person.

The elements of estafa by means of deceit are the following, viz.:

(a) that there must be a false pretense or fraudulent representa+on as to his power, influence, qualifica+ons,
property, credit, agency, business or imaginary transac+ons;
(b) that such false pretense or fraudulent representa+on was made or executed prior to or simultaneously with
the commission of the fraud;
(c) that the offended party relied on the false pretense, fraudulent act, or fraudulent means and was induced to
part with his money or property; and
(d) that, as a result thereof, the offended party suffered damage.

— Sec+on 87, Judiciary Law

— RA 2613 : AN ACT TO AMEND CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED TWO HUNDRED AND NINETY-SIX,
OTHERWISE KNOWN AS "THE JUDICIARY ACT OF 1948", AS AMENDED.

— RA 3828 : AN ACT TO AMEND CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED TWO HUNDRED NINETY-SIX,
OTHERWISE KNOWN AS "THE JUDICIARY ACT OF 1948," AND FOR OTHER PURPOSES.

Sec`on 6. Sec+on eighty-seven of the same Act, as amended, is hereby further amended to read as follows:

"Sec. 87. Original jurisdic+on to try criminal cases. Jus+ces of the peace and judges of municipal courts of chartered
ci+es shall have original jurisdic+on over:

"(a) All viola+ons of municipal or city ordinances commi=ed within their respec+ve territorial jurisdic+ons;

"(b) All criminal cases arising under the laws rela+ng to:

"(1) Gambling and management or opera+on of lo=eries;

"(2) Assaults where the intent to kill is not charged of evident upon the trial;

"(3) Larceny, embezzlement and estafa where the amount or money or property stolen, embezzled, or otherwise
involved, does not exceed the sum or value of two hundred pesos;

"(4) Sale of intoxica+ng liquors;

"(5) Falsely impersona+ng an officer;

"(6) Malicious mischief;

"(7) Trespass on government or private property;

"(8) Threatening to take human life;

"(9) Illegal possession of firearms, explosives and ammuni+on;

"(10) Illegal use of aliases; and

"(11) Concealment of deadly weapons.

"(c) Except viola+ons of elec+on laws all other offenses in which the penalty provided by law is imprisonment for not
more than three years, or a fine of not more than three thousand pesos, or both such fine and imprisonment.

"Said jus+ces of the peace and judges of municipal courts may also conduct preliminary inves+ga+on for any offense
alleged to have been commi=ed within their respec+ve municipali+es and ci+es, which are cognizable by Courts of
First Instance and the informa+on filed with their courts without regard to the limits of punishment, and may
release, or commit and bind over any person charged with such offense to secure his appearance before the proper
court.

"No warrant of arrest shall be issued by any jus+ce of the peace in any criminal case filed with him unless he first
examines the witness or witnesses personally, and the examina+on shall be under oath and reduced to wri+ng in the
form of searching ques+ons and answers.

"Jus+ces of the peace in the capitals of provinces and sub-provinces and judges of municipal courts shall have like
jurisdic+on as the Court of First Instance to try par+es charged with an offense commi=ed within their respec+ve
jurisdic+on, in which the penalty provided by law does not exceed prison correc+onal or imprisonment for not more
than six years or fine not exceeding six thousand pesos or both, and in the absence of the district judge shall have
like jurisdic+on within the province as the Court of First Instance to hear applica+ons for bail.

"All cases filed under the next preceding paragraph with jus+ces of the peace of capitals and municipal court judges
shall be tried and decided on the merits by the respec+ve jus+ces of the peace or municipal judges. Proceedings had
shall be recorded and decisions therein shall be appealable direct to the Court of Appeals or the Supreme Court, as
the case may be."

— Sec+on 87 shows that jurisdic+on is concurrent with the court of First Instance which is empowered to try "all
criminal cases in which the penalty provided by law is imprisonment for more than six months, or a fine of more than
two hundred pesos"

Presiden`al Decree No. 818

MALACAÑANG | Manila | PRESIDENTIAL DECREE No. 818 October 22, 1975

AMENDING ARTICLE 315 OF THE REVISED PENAL CODE BY INCREASING THE PENALTIES FOR ESTAFA COMMITTED BY
MEANS OF BOUNCING CHECKS

WHEREAS, reports received of late indicate an upsurge of estafa (swindling) cases commi=ed by means of bouncing
checks;

WHEREAS, if not checked at once, these criminal acts would erode the people's confidence in the use of nego+able
instruments as a medium of commercial transac+on and consequently result in the retarda+on of trade and
commerce and the undermining of the banking system of the country;

WHEREAS, it is vitally necessary to arrest and curb the rise in this kind of estafa cases by increasing the exis+ng
penal+es provided therefor;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by
the Cons+tu+on, do hereby decree as part of the law of the land the following amendment to Ar+cle 315 of the
Revised Penal Code:

Sec`on 1. Any person who shall defraud another by means of false pretenses or fraudulent acts as defined in
paragraph 2(d) of Ar+cle 315 of the Revised Penal Code, as amended by Republic Act No. 4885, shall be punished by:
 1st. The penalty of reclusion temporal if the amount of the fraud is over 12,000 pesos but not exceed 22,000
pesos, and if such amount exceeds the la=er sum, the penalty provided in this paragraph shall be imposed in its
maximum period, adding one year for each addi+onal 10,000 pesos but the total penalty which may be imposed
shall in no case exceed thirty years. In such cases, and in connec+on with the accessory penal+es which may be
imposed under the Revised Penal Code, the penalty shall be termed reclusion perpetua;

2nd. The penalty of prision mayor in its maximum period, if the amount of the fraud is over 6,000 pesos but does
not exceed 12,000 pesos;

3rd. The penalty of prision mayor in its medium period, if such amount is over 200 pesos but does not exceed
6,000 pesos; and,

4th. By prision mayor in its maximum period, if such amount does not exceed 200 pesos.

Sec`on 2. This decree shall take effect immediately.

DONE in the City of Manila, this 22nd day of October, in the year of Our Lord, nineteen hundred and seventy-five.

Ar`cle 315, Revised Penal Code

Chapter Six : SWINDLING AND OTHER DECEITS

Art. 315. Swindling (estafa). — Any person who shall defraud another by any of the means men+oned hereinbelow
shall be punished by:

1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount
of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the la=er sum, the
penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each addi+onal
10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in
connec+on with the accessory penal+es which may be imposed under the provisions of this Code, the penalty shall
be termed prision mayor or reclusion temporal, as the case may be.

2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the fraud is over 6,000
pesos but does not exceed 12,000 pesos;

3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period if such
amount is over 200 pesos but does not exceed 6,000 pesos; and

4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos, provided that in the four
cases men+oned, the fraud be commi=ed by any of the following means:

1. With unfaithfulness or abuse of confidence, namely:

(b) By altering the substance, quan+ty, or quality or anything of value which the offender shall deliver by virtue of an
obliga+on to do so, even though such obliga+on be based on an immoral or illegal considera+on.
(c) By misappropria+ng or conver+ng, to the prejudice of another, money, goods, or any other personal property
received by the offender in trust or on commission, or for administra+on, or under any other obliga+on involving
the duty to make delivery of or to return the same, even though such obliga+on be totally or par+ally guaranteed
by a bond; or by denying having received such money, goods, or other property.
(d) By taking undue advantage of the signature of the offended party in blank, and by wri+ng any document above
such signature in blank, to the prejudice of the offended party or of any third person.

2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the
commission of the fraud:
(a) By using fic++ous name, or falsely pretending to possess power, influence, qualifica+ons, property, credit, agency,
business or imaginary transac+ons, or by means of other similar deceits.
(b) By altering the quality, fineness or weight of anything pertaining to his art or business.
(c) By pretending to have bribed any Government employee, without prejudice to the ac+on for calumny which the
offended party may deem proper to bring against the offender. In this case, the offender shall be punished by the
maximum period of the penalty.
(d) By post-da+ng a check, or issuing a check in payment of an obliga+on when the offender therein were not
sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount
necessary to cover his check within three (3) days from receipt of no+ce from the bank and/or the payee or
holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of
deceit cons+tu+ng false pretense or fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.)]
(e) By obtaining any food, refreshment or accommoda+on at a hotel, inn, restaurant, boarding house, lodging house,
or apartment house and the like without paying therefor, with intent to defraud the proprietor or manager
thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging house, or apartment house by
the use of any false pretense, or by abandoning or surrep++ously removing any part of his baggage from a hotel,
inn, restaurant, boarding house, lodging house or apartment house aser obtaining credit, food, refreshment or
accommoda+on therein without paying for his food, refreshment or accommoda+on.

3. Through any of the following fraudulent means:


(a) By inducing another, by means of deceit, to sign any document.

(b) By resor+ng to some fraudulent prac+ce to insure success in a gambling game.
(c) By removing, concealing or destroying, in whole or in part, any court record, office files, document or any other
papers.