Académique Documents
Professionnel Documents
Culture Documents
Where life or liberty is affected by its proceedings, courts must keep strictly
within the limits of the law authorizing them to take jurisdiction and to try
the case and render judgment thereon.[1]
This is a Petition for Review on Certiorari under Rule 45 of the 1997 Revised
Rules of Civil Procedure, seeking to annul and set aside the Court of Appeals
(CA) Decision dated 9 July 2010[2] and Resolution dated 4 January 2011.
Statement of the Facts and of the Case
The pertinent facts, as found by the CA, are as follows:
That on or about the 23rd day of December, 1999, in the City of Makati,
Metro Manila, Philippines and within the jurisdiction of this Honorable
Court, the above-named accused, received in trust from ELIZABETH
LUCIAJA the amount of P150,000.00 which money was given to her by her
aunt Margarita Alocilja, with the express obligation on the part of the
accused to use the said amount for expenses and fees in connection with the
purchase of a parcel of land covered by TCT No. T-109266, but the said
accused, once in possession of the said amount, with the intent to gain and
abuse of confidence, did then and there willfully, unlawfully and feloniously
misappropriate, misapply and convert to his own personal use and benefit the
amount of P130,000.00 less attorneys fees and the said accused failed and
refused and still fails and refuses to do so, to the damage and prejudice of
complainant Elizabeth Luciaja and Margarita Alocilja in the aforementioned
amount of P130,000.00.
CONTRARY TO LAW.[4]
the fact that he lives in Iloilo City, petitioner was unable to attend the pretrial and trial of the case.
1.
THE COURT OF APPEALS ERRED IN RULING THAT AN
ACCUSED HAS TO PRESENT EVIDENCE IN SUPPORT OF THE
DEFENSE OF LACK OF JURISDICTION EVEN IF SUCH LACK OF
JURISDICTION APPEARS IN THE EVIDENCE OF THE
PROSECUTION
2.
THE COURT OF APPEALS ERRED IN RULING THAT
DEMAND MADE BY A PERSON OTHER THAN THE AGGRIEVED
PARTY SATISFIES THE REQUIREMENT OF DEMAND TO
CONSTITUTE THE OFFENSE OF ESTAFA;[13]
On the first issue, petitioner asserts that nowhere in the evidence presented
by the prosecution does it show that 150,000 was given to and received by
petitioner in Makati City. Instead, the evidence shows that the Receipt issued
by petitioner for the money was dated 22 December 1999, without any
indication of the place where it was issued. Meanwhile, the Deed of Sale
with Assumption of Mortgage prepared by petitioner was signed and
notarized in Iloilo City, also on 22 December 1999. Petitioner claims that the
only logical conclusion is that the money was actually delivered to him in
Iloilo City, especially since his residence and office were situated there as
well. Absent any direct proof as to the place of delivery, one must rely on the
disputable presumption that things happened according to the ordinary course
of nature and the ordinary habits of life. The only time Makati City was
mentioned was with respect to the time when the check provided by
petitioner was dishonored by Equitable-PCI Bank in its De la Rosa-Rada
Branch in Makati. Petitioner asserts that the prosecution witness failed to
allege that any of the acts material to the crime of estafa had occurred in
Makati City. Thus, the trial court failed to acquire jurisdiction over the case.
Petitioner thus argues that an accused is not required to present evidence to
prove lack of jurisdiction, when such lack is already indicated in the
prosecution evidence.
As to the second issue, petitioner claims that the amount of P150,000
actually belongs to Margarita. Assuming there was misappropriation, it was
actually she not Elizabeth who was the offended party. Thus, the latters
demand does not satisfy the requirement of prior demand by the offended
party in the offense of estafa. Even assuming that the demand could have
been properly made by Elizabeth, the demand referred to the amount of
P120,000, instead of P150,000. Finally, there is no showing that the demand
was actually received by petitioner. The signature on the Registry Return
Receipt was not proven to be that of petitioners.
On 30 May 2011, this Court issued a Resolution directing the Office of the
Solicitor General (OSG) to file the latters Comment on the Petition. On 27
July 2011, the OSG filed a Motion for Extension, praying for an additional
period of 60 days within which to submit its Comment. This motion was
granted in a Resolution dated 12 September 2011. On 23 September 2011,
the OSG filed a Motion for Special Extension, requesting an additional
period of five days. On 29 September 2011, it filed its Comment on the
Petition.
In its Comment, the OSG asserts that the RTC did not err in convicting
petitioner as charged. The OSG notes that petitioner does not dispute the
factual findings of the trial court with respect to the delivery of P150,000 to
him, and that there was a relationship of trust and confidence between him
and Elizabeth. With respect to his claim that the Complaint should have been
filed in Iloilo City, his claim was not supported by any piece of evidence, as
he did not present any. Further, petitioner is, in effect, asking the Court to
weigh the credibility of the prosecution witness, Elizabeth. However, the trial
courts assessment of the credibility of a witness is entitled to great weight,
unless tainted with arbitrariness or oversight of some fact or circumstance,
which is not the case here.
With respect to the second issue, the OSG stresses that the defense of no
valid demand was not raised in the lower court. Nevertheless, the demand
letter sent to Elizabeth suffices, as she is also one of the complainants alleged
in the Information, as an agent of Margarita. Moreover, no proof was
adduced as to the genuineness of petitioners signature in the Registry Return
Receipt of the demand letter.
The OSG, however, submits that the Court may recommend petitioner for
executive clemency, in view of his advanced age and failing health.
(10) When the findings of fact of the Court of Appeals are premised on the
absence of evidence but such findings are contradicted by the evidence on
record.[14]
In this case, the findings of fact of the trial court and the CA on the issue of
the place of commission of the offense are conclusions without any citation
of the specific evidence on which they are based; they are grounded on
conclusions and conjectures.
The trial court, in its Decision, ruled on the commission of the offense
without any finding as to where it was committed:
City, it cannot preclude the fact that the P150,000.00 was delivered to him by
private complainant Luciaja in Makati City the following day. His reasoning
the money must have been delivered to him in Iloilo City because it was to
be used for paying the taxes with the BIR office in that city does not inspire
concurrence. The records show that he did not even pay the taxes because the
BIR receipts he gave to private complainant were fake documents. Thus, his
argumentation in this regard is too specious to consider favorably.[16]
For its part, the CA ruled on the issue of the trial courts jurisdiction in this
wise:
It is a settled jurisprudence that the court will not entertain evidence unless it
is offered in evidence. It bears emphasis that Hector did not comment on the
formal offer of prosecutions evidence nor present any evidence on his behalf.
He failed to substantiate his allegations that he had received the amount of
P150,000.00 in Iloilo City. Hence, Hectors allegations cannot be given
evidentiary weight.
In his Motion for Reconsideration before the RTC, petitioner raised the
argument that it had no jurisdiction over the offense charged. The trial court
denied the motion, without citing any specific evidence upon which its
findings were based, and by relying on conjecture, thus:
That the said amount was given to [Treas] in Makati City was
incontrovertibly established by the prosecution. Accused Treas, on the other
hand, never appeared in Court to present countervailing evidence. It is only
now that he is suggesting another possible scenario, not based on the
evidence, but on mere what ifs. x x x
Besides, if this Court were to seriously assay his assertions, the same would
still not warrant a reversal of the assailed judgment. Even if the Deed of Sale
with Assumption of Mortgage was executed on 22 December 999 in Iloilo
The instant case is thus an exception allowing a review of the factual findings
of the lower courts.
Jurisdiction of the Trial Court
The overarching consideration in this case is the principle that, in criminal
cases, venue is jurisdictional. A court cannot exercise jurisdiction over a
person charged with an offense committed outside its limited territory. In Isip
v. People,[18] this Court explained:
The place where the crime was committed determines not only the venue of
the action but is an essential element of jurisdiction. It is a fundamental rule
that for jurisdiction to be acquired by courts in criminal cases, the offense
should have been committed or any one of its essential ingredients should
have taken place within the territorial jurisdiction of the court. Territorial
jurisdiction in criminal cases is the territory where the court has jurisdiction
to take cognizance or to try the offense allegedly committed therein by the
accused. Thus, it cannot take jurisdiction over a person charged with an
offense allegedly committed outside of that limited territory.
Furthermore, the jurisdiction of a court over the criminal case is determined
by the allegations in the complaint or information. And once it is so shown,
the court may validly take cognizance of the case. However, if the evidence
adduced during the trial shows that the offense was committed somewhere
else, the court should dismiss the action for want of jurisdiction. (Emphasis
supplied.)
In a criminal case, the prosecution must not only prove that the offense was
committed, it must also prove the identity of the accused and the fact that the
offense was committed within the jurisdiction of the court.
In Fukuzume v. People,[19] this Court dismissed a Complaint for estafa,
wherein the prosecution failed to prove that the essential elements of the
offense took place within the trial courts jurisdiction. The Court ruled:
More importantly, we find nothing in the direct or cross-examination of Yu to
establish that he gave any money to Fukuzume or transacted business with
him with respect to the subject aluminum scrap wires inside or within the
premises of the Intercontinental Hotel in Makati, or anywhere in Makati for
that matter. Venue in criminal cases is an essential element of jurisdiction. x x
x
In the present case, the criminal information against Fukuzume was filed
with and tried by the RTC of Makati. He was charged with estafa as defined
under Article 315, paragraph 2(a) of the Revised Penal Code, the elements of
which are as follows: x x x
The crime was alleged in the Information as having been committed in
Makati. However, aside from the sworn statement executed by Yu on April
19, 1994, the prosecution presented no other evidence, testimonial or
documentary, to corroborate Yu's sworn statement or to prove that any of the
above-enumerated elements of the offense charged was committed in Makati.
That on or about the 23rd day of December, 1999, in the City of Makati,
Metro Manila, Philippines and within the jurisdiction of this Honorable
Court, the above-named accused, received in trust from ELIZABETH
LUCIAJA the amount of P150,000.00 x x x. (Emphasis supplied.)[20]
Q After the manager of Maybank referred Atty. Treas to you, what happened
next?
A We have met and he explained to the expenses and what we will have to
and she will work for the Deed of Sale.
Q And did he quote any amount when you got to the expenses?
A Yes. I gave him ONE HUNDRED FIFTY THOUSAND
Q What was the amount quoted to you?
A ONE HUNDRED FIFTY THOUSAND.
Q Did he give a breakdown of this ONE HUNDRED FIFTY THOUSAND?
A Yes, sir.
Q And what is the breakdown of this ONE HUNDRED FIFTY
THOUSAND?
A TWENTY THOUSAND is for his Attorneys fee, NINETY THOUSAND is
for the capital gain tax TWENTY FOUR THOUSAND is intended for
documentary sum (sic) and TEN THOUSAND PESOS is for other expenses
for BIR.
Q And did you give him this ONE HUNDRED FIFTY THOUSAND?
A Yes, sir.
Q Did he issue a receipt?
A Yes, sir.
Q If shown to you a receipt issued by Atty. Treas for this ONE HUNDRED
FIFTY THOUSAND, will you be able to identify it?
A Yes, sir.
Q I am showing to you a document, madam witness, already identified
during the pre-trial as exhibit B. This appears to be a receipt dated December
22, 1999. Will you please go over this document and inform this court what
relation has this to the receipt which you said Atty. Treas issued to you?
A This is the receipt issued by Atty. Hector Treas.
Q Now, after the amount of ONE HUNDRED FIFTY THOUSAND was
given to Atty. Treas by you, what happened next?
A We made several follow-ups but he failed to do his job. [24]
Although the prosecution alleged that the check issued by petitioner was
dishonored in a bank in Makati, such dishonor is not an element of the
offense of estafa under Article 315, par. 1 (b) of the RPC.
Indeed, other than the lone allegation in the information, there is nothing in
the prosecution evidence which even mentions that any of the elements of the
offense were committed in Makati. The rule is settled that an objection may
be raised based on the ground that the court lacks jurisdiction over the
offense charged, or it may be consideredmotu proprio by the court at any
stage of the proceedings or on appeal.[25] Moreover, jurisdiction over the
subject matter in a criminal case cannot be conferred upon the court by the
accused, by express waiver or otherwise. That jurisdiction is conferred by the
sovereign authority that organized the court and is given only by law in the
manner and form prescribed by law.[26]
It has been consistently held by this Court that it is unfair to require a
defendant or accused to undergo the ordeal and expense of a trial if the court
has no jurisdiction over the subject matter or offense or it is not the court of
proper venue.[27] Section 15 (a) of Rule 110 of the Revised Rules on Criminal
Procedure of 2000 provides that [s]ubject to existing laws, the criminal
action shall be instituted and tried in the court of the municipality or territory
where the offense was committed or where any of its essential ingredients
occurred. This fundamental principle is to ensure that the defendant is not
compelled to move to, and appear in, a different court from that of the
province where the crime was committed as it would cause him great
inconvenience in looking for his witnesses and other evidence in another
place.[28] This principle echoes more strongly in this case, where, due to
distance constraints, coupled with his advanced age and failing health,
petitioner was unable to present his defense in the charges against him.
There being no showing that the offense was committed within Makati, the
RTC of that city has no jurisdiction over the case. [29]
As such, there is no more need to discuss the other issue raised by petitioner.
At this juncture, this Court sees it fit to note that the Code of Professional
Responsibility strongly militates against the petitioners conduct in handling
the funds of his client. Rules 16.01 and 16.02 of the Code provides:
Rule 16.01 A lawyer shall account for all money or property collected or
received for or from the client.
Rule 16.02 A lawyer shall keep the funds of each client separate and apart
from his own and those others kept by him.
When a lawyer collects or receives money from his client for a particular
purpose (such as for filing fees, registration fees, transportation and office
expenses), he should promptly account to the client how the money was
spent.[30] If he does not use the money for its intended purpose, he must
immediately return it to the client. His failure either to render an accounting
or to return the money (if the intended purpose of the money does not
materialize) constitutes a blatant disregard of Rule 16.01 of the Code of
Professional Responsibility.[31]
Moreover, a lawyer has the duty to deliver his client's funds or properties as
they fall due or upon demand.[32] His failure to return the client's money upon
demand gives rise to the presumption that he has misappropriated it for his
own use to the prejudice of and in violation of the trust reposed in him by the
client.[33] It is a gross violation of general morality as well as of professional
[35]
In Cuizon v. Macalino, this Court ruled that the issuance of checks which
were later dishonored for having been drawn against a closed account
indicates a lawyer's unfitness for the trust and confidence reposed on him,
shows lack of personal honesty and good moral character as to render him
unworthy of public confidence, and constitutes a ground for disciplinary
action.
This case is thus referred to the Integrated Bar of the Philippines (IBP) for
the initiation of disciplinary proceedings against petitioner. In any case,
should there be a finding that petitioner has failed to account for the funds
received by him in trust, the recommendation should include an order to
immediately return the amount of 130,000 to his client, with the appropriate
rate of interest from the time of demand until full payment.
WHEREFORE, the Petition is GRANTED. The Decision dated 9 July
2010 and the Resolution dated 4 January 2011 issued by the Court of Appeals
in CA-G.R. CR No. 32177 are SET ASIDE on the ground of lack of
jurisdiction on the part of the Regional Trial Court, Branch 137, Makati City.
Criminal Case No. 01-2409 is DISMISSEDwithout prejudice. This case
is REFERRED to the IBP Board of Governors for investigation and
recommendation pursuant to Section 1 of Rule 139-B of the Rules of Court.
SO ORDERED.
REGALADO, J.:
Creative legal advocacy has provided this Court with another primae
impressionis case through the present petition wherein the parties have
formulated and now pose for resolution the following issue: Whether or not a
court may take cognizance of an application for a search warrant in
connection with an offense committed outside its territorial boundary and,
thereafter, issue the warrant to conduct a search on a place outside the court's
supposed territorial jurisdiction. 1
The factual background and judicial antecedents of this case are best taken
from the findings of respondent Court of Appeals 2 on which there does not
appear to be any dispute, to wit:
From the pleadings and supporting documents before the Court, it can be
gathered that on March 22, 1990, 1st Lt. Absalon V. Salboro of the
CAPCOM Northern Sector (now Central Sector) filed with the Regional
Trial Court of Kalookan City an application for search warrant. The search
warrant was sought for in connection with an alleged violation of P.D. 1866
(Illegal Possession of Firearms and Ammunitions) perpetrated at No. 25
Newport St., corner Marlboro St., Fairview, Quezon City. On March 23,
1990, respondent RTC Judge of Kalookan City issued Search Warrant No.
95-90. On the same day, at around 2:30 p.m., members of the CAPCOM,
armed with subject search warrant, proceeded to the situs of the offense
alluded to, where a labor seminar of the Ecumenical Institute for Labor
Education and Research (EILER) was then taking place. According to
CAPCOM's "Inventory of Property Seized," firearms, explosive materials
and subversive documents, among others, were seized and taken during the
search. And all the sixty-one (61) persons found within the premises searched
were brought to Camp Karingal, Quezon City but most of them were later
released, with the exception of the herein petitioners, EILER Instructors, who
were indicated for violation of P.D. 1866 in Criminal Case No. Q-90-11757
before Branch 88 of the Regional Trial Court of Quezon City, presided over
by respondent Judge Tirso D.C. Velasco.
On July 10, 1990, petitioners presented a "Motion for Consolidation, Quashal
of Search Warrant and For the Suppression of All Illegally Acquired
Evidence" before the Quezon City court; and a "Supplemental Motion to the
Motion for Consolidation, Quashal of Search Warrant and Exclusion of
Evidence Illegally Obtained.
On September 21, 1990, the respondent Quezon City Judge issued the
challenged order, consolidating subject cases but denying the prayer for the
quashal of the search warrant under attack, the validity of which warrant was
upheld; opining that the same falls under the category of Writs and Processes,
within the contemplation of paragraph 3(b) of the Interim Rules and
Guidelines, and can be served not only within the territorial jurisdiction of
the issuing court but anywhere in the judicial region of the issuing court
(National Capital Judicial Region);. . .
Petitioner's motion for reconsideration of the said Order under challenge,
having been denied by the assailed Order of October 5, 1990, petitioners
have come to this Court via the instant petition, raising the sole issue:
WHETHER OR NOT A COURT MAY TAKE COGNIZANCE OF AN
APPLICATION FOR A SEARCH WARRANT IN CONNECTION WITH
AN OFFENSE ALLEGEDLY COMMITTED OUTSIDE ITS
TERRITORIAL JURISDICTION AND TO ISSUE A WARRANT TO
CONDUCT A SEARCH ON A PLACE LIKEWISE OUTSIDE ITS
TERRITORIAL JURISDICTION.
xxx xxx xxx
Respondent Court of Appeals rendered judgment, 3 in effect affirming that of
the trial court, by denying due course to the petition for certiorari and lifting
the temporary restraining order it had issued on November 29, 1990 in
connection therewith. This judgment of respondent court is now impugned in
and sought to be reversed through the present recourse before us.
We are not favorably impressed by the arguments adduced by petitioners in
support of their submissions. Their disquisitions postulate interpretative
theories contrary to the letter and intent of the rules on search warrants and
which could pose legal obstacles, if not dangerous doctrines, in the area of
law enforcement. Further, they fail to validly distinguish, hence they do not
convincingly delineate the difference, between the matter of (1) the court
which has the competence to issue a search warrant under a given set of
facts, and (2) the permissible jurisdictional range in the enforcement of such
search warrant vis-a-vis the court's territorial jurisdiction. These issues while
effectively cognate are essentially discrete since the resolution of one does
not necessarily affect or preempt the other. Accordingly, to avoid
compounding the seeming confusion, these questions shall be
discussedseriatim.
I
Petitioners invoke the jurisdictional rules in the institution of criminal actions
to invalidate the search warrant issued by the Regional Trial Court of
Kalookan City because it is directed toward the seizure of firearms and
ammunition allegedly cached illegally in Quezon City. This theory is sought
to be buttressed by the fact that the criminal case against petitioners for
violation of Presidential Decree No. 1866 was subsequently filed in the latter
court. The application for the search warrant, it is claimed, was accordingly
filed in a court of improper venue and since venue in criminal actions
involves the territorial jurisdiction of the court, such warrant is void for
having been issued by a court without jurisdiction to do so.
The basic flaw in this reasoning is in erroneously equating the application for
and the obtention of a search warrant with the institution and prosecution of a
criminal action in a trial court. It would thus categorize what is only a special
criminal process, the power to issue which is inherent in all courts, as
equivalent to a criminal action, jurisdiction over which is reposed in specific
courts of indicated competence. It ignores the fact that the requisites,
procedure and purpose for the issuance of a search warrant are completely
different from those for the institution of a criminal action.
For, indeed, a warrant, such as a warrant of arrest or a search warrant, merely
constitutes process. 4 A search warrant is defined in our jurisdiction as an
order in writing issued in the name of the People of the Philippines signed by
a judge and directed to a peace officer, commanding him to search for
personal property and bring it before the court. 5 A search warrant is in the
nature of a criminal process akin to a writ of discovery. It is a special and
peculiar remedy, drastic in its nature, and made necessary because of a public
necessity. 6
In American jurisdictions, from which we have taken our jural concept and
provisions on search warrants, 7 such warrant is definitively considered
merely as a process, generally issued by a court in the exercise of its ancillary
jurisdiction, and not a criminal action to be entertained by a court pursuant to
its original jurisdiction. We emphasize this fact for purposes of both issues as
formulated in this opinion, with the catalogue of authorities herein.
Invariably, a judicial process is defined as a writ, warrant, subpoena, or other
formal writing issued by authority of law; also the means of accomplishing
an end, including judicial proceedings, 8 or all writs, warrants, summonses,
andorders of courts of justice or judicial officers. 9 It is likewise held to
include a writ, summons, or order issued in a judicial proceeding to acquire
jurisdiction of a person or his property, to expedite the cause or enforce the
judgment, 10 or a writ,warrant, mandate, or other process issuing from a court
of justice. 11
2. It is clear, therefore, that a search warrant is merely a judicial process
designed by the Rules to respond only to an incident in the main case, if one
has already been instituted, or in anticipation thereof. In the latter
contingency, as in the case at bar, it would involve some judicial
clairvoyance to require observance of the rules as to where a criminal case
may eventually be filed where, in the first place, no such action having as yet
been instituted, it may ultimately be filed in a territorial jurisdiction other
than that wherein the illegal articles sought to be seized are then located. This
is aside from the consideration that a criminal action may be filed in different
venues under the rules for delitos continuados or in those instances where
different trial courts have concurrent original jurisdiction over the same
criminal offense.
In fact, to illustrate the gravity of the problem which petitioners' implausible
position may create, we need not stray far from the provisions of Section 15,
Rule 110 of the Rules of Court on the venue of criminal actions and which
we quote:
courts with multiple salas and only with respect to violations of the AntiSubversion Act, crimes against public order under the Revised Penal Code,
illegal possession of firearms and/or ammunitions, and violations of the
Dangerous Drugs Act. In other words, the aforesaid theory on the court's
jurisdiction to issue search warrants would not apply tosinglesala courts and other crimes. Accordingly, the rule sought by petitioners to
be adopted by the Court would actually result in a bifurcated procedure
which would be vulnerable to legal and constitutional objections.
For that matter, neither can we subscribe to petitioners' contention that
Administrative Order No. 3 of this Court, supposedly "defining the limits of
the territorial jurisdiction of the Regional Trial Courts," was the source of
thesubject matter jurisdiction of, as distinguished from the exercise of
jurisdiction by, the courts. As earlier observed, this administrative order was
issued pursuant to the provisions of Section 18 of Batas Pambansa Blg. 129,
the pertinent portion of which states:
Sec. 18. Authority to define territory appurtenant to each branch. The
Supreme Court shall define the territory over which a branch of the Regional
Trial Court shall exercise its authority. The territory thus defined shall be
deemed to be the territorial area of the branch concerned for purposes of
determining the venue of all writs, proceedings or actions, whether civil or
criminal, . . . . (Emphasis ours.)
Jurisdiction is conferred by substantive law, in this case Batas Pambansa Blg.
129, not by a procedural law and, much less, by an administrative order or
circular. The jurisdiction conferred by said Act on regional trial courts and
their judges is basically regional in scope. Thus, Section 17 thereof provides
that "(e)very Regional Trial Judge shall be appointed to a region which shall
be his permanent station," and he "may be assigned by the Supreme Court to
any branch or city or municipality within the same region as public interest
may require, and such assignment shall not be deemed an assignment to
another station . . ." which, otherwise, would necessitate a new appointment
for the judge.
In fine, Administrative Order No. 3 and, in like manner, Circulars Nos. 13
and 19, did not per se confer jurisdiction on the covered regional trial court
or its branches, such that non-observance thereof would nullify their judicial
(against) where the issuing magistrate within the region does not hold court
sessions in the city or municipality, within the region, where the place to be
searched is located. 28
The foregoing situations may also have obtained and were taken into account
in the foreign judicial pronouncement that, in the absence of statutory
restrictions, a justice of the peace in one district of the county may issue a
search warrant to be served in another district of the county and made
returnable before the justice of still another district or another court having
jurisdiction to deal with the matters involved. 29 In the present state of our
law on the matter, we find no such statutory restrictions both with respect to
the court which can issue the search warrant and the enforcement thereof
anywhere in the Philippines.
III
Concern is expressed over possible conflicts of jurisdiction (or, more
accurately, in the exercise of jurisdiction) where the criminal case is pending
in one court and the search warrant is issued by another court for the seizure
of personal property intended to be used as evidence in said criminal case.
This arrangement is not unknown or without precedent in our jurisdiction. In
fact, as hereinbefore noted, this very situation was anticipated in Circular No.
13 of this Court under the limited scenario contemplated therein.
Nonetheless, to put such presentiments to rest, we lay down the following
policy guidelines:
1. The court wherein the criminal case is pending shall have primary
jurisdiction to issue search warrants necessitated by and for purposes of said
case. An application for a search warrant may be filed with another court
only under extreme and compelling circumstances that the applicant must
prove to the satisfaction of the latter court which may or may not give due
course to the application depending on the validity of the justification offered
for not filing the same in the court with primary jurisdiction thereover.
2. When the latter court issues the search warrant, a motion to quash the same
may be filed in and shall be resolved by said court, without prejudice to any
proper recourse to the appropriate higher court by the party aggrieved by the
resolution of the issuing court. All grounds and objections then available,
Upon petition of the parties thus charged, the City Fiscal of Angeles
reinvestigated the case on March 7, 1965 to give them an opportunity to
present exculpatory evidence, and after the conclusion of the reinvestigation
the parties charged moved for the dismissal of the case mainly on the ground
that the City Court of Angeles had no jurisdiction over the offense because
the private document that contained the alleged false statement of fact was
signed by them outside the territorial limits of said city. As the resolution of
this motion to dismiss was delayed and in the meantime the City Court had
set Criminal Case No. C-2268 for arraignment, the defendants secured from
said court several postponements of the arraignment.
Finally, in view of the City Fiscal's continued failure to act on the motion to
dismiss the case, petitioners filed on November 26, 1965 with the City Court
a motion to quash upon the ground that said court had no jurisdiction over
the offense charged. The complainants in the case with the conformity of
the City Fiscal filed an opposition thereto, and on February 3, 1966 the
respondent judge denied said motion to quash and reset the arraignment of all
the defendants on March 5 of the same year. In view thereof, petitioners filed
the present action for certiorariand prohibition.
Upon the foregoing facts the only question to be resolved is whether or not
the City Court of Angeles City has jurisdiction to try and decide Criminal
Case No. C-2268 for alleged falsification of a private document by the
parties named in the information.
It is clear that petitioners are not charged with having used a falsified
document, in violation of the last paragraph of Article 172 of the Revised
Penal Code. The charge against them is that of having falsified a private
document by knowingly and willfully stating therein that Aurora M. Villasor
and Angelina M. Lopez were the "guardians" of their minor brothers George
and Alexander, respectively, when in fact they knew that, at the time they
made such written statement, it was Carolina M. de Castro who was the
judicial guardian of said minors.
It is settled law in criminal actions that the place where the criminal offense
was committed not only determines the venue of the action but is an essential
element of jurisdiction (U.S. vs. Pagdayuman 5 Phil. 265). Thus, under the
provisions of Section 86 of the Judiciary Act of 1948, municipal courts have
therein charged, the act of falsification the signing of the document and
the coetaneous intent to cause damage was committed and consummated
outside the territorial jurisdiction of the City of Angeles, and that whether the
falsified private document was thereafter put or not put to the illegal use for
which it was intended, or was signed by the other contracting party within
the territorial jurisdiction of the City of Angeles is in no wise a material or
essential element of the crime of falsification of the private document, nor
could it in any way change the fact that the act of falsification charged was
committed outside the territorial jurisdiction of Angeles City. Thus, that the
City Court of Angeles has, no jurisdiction over the offense charged is beyond
question.
Respondents, however, contend that the motion to quash filed by the
defendants necessarily assumes the truth of the allegation of the information
to the effect that the offense was committed within the territorial jurisdiction
of Angeles City and that they may not be allowed to disprove this at this
early stage of the proceedings. This is not exactly the law on the matter at
present. It was the law applicable to a demurrer now obsolete to an
information. The motion to quash now provided for in Rule 117 of the Rules
of Court is manifestly broader in scope than the demurrer, as it is not limited
to defects apparent upon the face of the complaint or information but extends
to issues arising out of extraneous facts, as shown by the circumstance that,
among the grounds for a motion to quash, Section 2 of said Rule provides for
former jeopardy or acquittal, extinction of criminal action or liability,
insanity of the accused etc., which necessarily involve questions of fact in the
determination of which a preliminary trial is required.
In the present case, the portion of the record of the reinvestigation which was
submitted to the respondent judge for consideration in connection with the
resolution of the motion to quash filed by the defendants shows beyond
question that the offense charged was committed far beyond the territorial
jurisdiction of Angeles City.
On the propriety of the writs prayed for, it may be said that, as a general rule,
a court of equity will not issue a writ of certiorari to annul an order of a lower
court denying a motion to quash, nor issue a writ of prohibition to prevent
said court from proceeding with the case after such denial, it being the rule
that upon such denial the defendant should enter his plea of not guilty and go
to trial and, if convicted, raise on appeal the same legal questions covered by
his motion to quash. In this as well as in other jurisdictions however, this is
no longer the hard and fast rule.
The writs of certiorari and prohibition, as extra-ordinary legal remedies, are,
in the ultimate analysis, intended to annul void proceedings; to prevent the
unlawful and oppressive exercise of legal authority and to provide for a fair
and orderly administration of justice. Thus, in Yu Kong Eng vs. Trinidad, 47
Phil. 385, We took cognizance of a petition for certiorari and prohibition
although the accused in the case could have appealed in due time from the
order complained of, our action in the premises being based on the public
welfare and the advancement of public policy. In Dimayuga vs. Fajardo, 43
Phil. 304, We also admitted a petition to restrain the prosecution of certain
chiropractors although, if convicted, they could have appealed. We gave due
course to their petition for the orderly administration of justice and to avoid
possible oppression by the strong arm of the law. And in Arevalo vs.
Nepomuceno, 63 Phil. 627, the petition for certiorari challenging the trial
court's action admitting an amended information was sustained despite the
availability of appeal at the proper time.
More recently, We said the following in Yap vs. the Hon. D. Lutero, etc., G.R.
No. L-12669, April 30, 1959:
Manifestly, the denial, by respondent herein, of the motion to quash the
information in case No. 16443, may not be characterized as "arbitrary" or
"despotic", or to be regarded as amounting to "lack of jurisdiction". The
proper procedure, in the event of denial of a motion to quash, is for the
accused, upon arraignment, to plead not guilty and reiterate his defense of
former jeopardy, and, in case of conviction, to appeal therefrom, upon the
ground that he has been twice put in jeopardy of punishment, either for the
same offense, or for the same act, as the case may be. However, were we to
require adherence to this pretense, the case at bar would have to be dismissed
and petitioner required to go through the inconvenience, not to say the mental
agony and torture, of submitting himself to trial on the merits in case No.
16443, apart from the expenses incidental thereto, despite the fact that his
trial and conviction therein would violate one of his constitutional rights, and
that, on appeal to this Court, we would, therefore, have to set aside the
judgment of conviction of the lower court. This would, obviously, be most
unfair and unjust. Under the circumstances obtaining in the present case, the
flaw in the procedure followed by petitioner herein may be overlooked, in the
interest of a more enlightened and substantial justice.
Indeed, the lack of jurisdiction of the City Court of Angeles over the criminal
offense charged being patent, it would be highly unfair to compel the parties
charged to undergo trial in said court and suffer all the embarrassment and
mental anguish that go with it.
WHEREFORE, judgment is hereby rendered declaring that the offense
charged in the information filed in Criminal Case No. C-2268 of the City
Court of Angeles City is not within the jurisdiction of said court and that,
therefore, said court is hereby restrained and prohibited from further
proceedings therein. Costs against the private respondents.
known to them to be untrue, that is: That the Petitioners claim that the title
was lost, which fact was material matter and required by law to be stated in
said Petition, when in truth and in fact as the said accused very well knew at
the time they swore to and signed the said petition for Issuance of a New
Owners Duplicate Copy of Condominium Certificate of Title No. 21578, that
said statement appearing in paragraph 4 of said Petition:
4. Pending registration of the mortgage document with the Registry of Deeds
of Makati City, the petitioners had their respective offices, renovated and by
reason thereof, documents were moved from their usual places and thereafter,
sometime in the early part of the second quarter of this year, when petitioners
were ready to have the mortgage documents registered, the said owners
duplicate copy of CCT No. 21578 could no longer be located at the places
where they may and should likely be found despite earnest and diligent
efforts of all the petitioners to locate the same;
was false and untrue because the said title was in the possession of the
complainant, Erlinda K. Ilusorio, and the above false statement was made in
order to obtain a New Owners Duplicate Copy of Condominium Certificate
of Title No. 21578, to the damage and prejudice of complainant Erlinda K.
Ilusorio.
Contrary to law.[1] (Emphasis and underscoring supplied)
Three similarly worded Informations for perjury were also filed against
respondents Sylvia Ilusorio, Ma. Cristina Ilusorio and Aurora Montemayor
also before the Pasig City MeTC arising from their filing of three petitions,
also on behalf of LDC, before the Tagaytay City RTC for issuance of new
owners duplicate copy of Transfer Certificates of Title (TCT) Nos. 17010,[2]
17011[3] and 17012[4] covering properties located in Tagaytay City.
As the purported corporate officers of LDC, respondents filed the abovementioned petitions for issuance of new owners duplicate copies of titles
over properties located in Makati City and Tagaytay City after the owners
copies thereof could no longer be found despite earnest and diligent efforts to
locate the same.
Petitioner, alleging that she, as bona fide chairman and president of LDC,[5]
has in her possession those titles, filed her opposition to respondents
5. However, after the jurisdictional facts and evidence had been presented
before the said court, the above-named respondents, through their counsel,
filed their opposition to the petition on the ground that the said owners
duplicate copy of Condominium Certificate of Title No. 21578 allegedly is
not lost and is actually in their possession and, thereafter, in a subsequent
hearing held on February 10, 2000, said respondents, through counsel,
presented before this Honorable Court the duplicate copy of said CCT No.
21578;
6. The owners duplicate copy of CCT No. 21578, pursuant to law, should be
in the actual possession of the registered owner thereof and it is indubitable
that LAKERIDGE DEVELOPMENT CORPORATION is the registered
owner entitled to the possession and control of the evidence of ownership of
all corporate properties;
7. The respondents have no authority nor legal basis to take and continue to
have possession of said CCT No. 21578, not one of them being a corporate
officer of LAKERIDGE DEVELOPMENT CORPORATION, the registered
owner of said property;
xxxx
9. The respondents, in the absence of any authority or right to take possession
of CCT No. 21578, should be ordered by this Honorable Court to surrender
the owners duplicate copy thereof, which they continue to hold without legal
and/or justifiable reasons, not only for the purpose of causing the registration
of the mortgage thereof in favor of the mortgagee/petitioner, Ma. Erlinda I.
Bildner, but also for the reason that it is the corporation, as owner of the
property, who [sic] is entitled to possession and control and therefore, said
Using as bases the contents of the original petitions filed in the Makati and
Tagaytay RTCs,[8] petitioner filed charges of falsification of public
documents and perjury against respondents before the Pasig City Prosecutors
Office.[9]
By Resolution of April 6, 2000, Investigating Prosecutor Edgardo Bautista,
with the imprimatur of the City Prosecutor, dismissed the falsification
charges but found probable cause to indict respondents for perjury.[10] Four
informations for perjury were accordingly filed before the MeTC Pasig, one
against respondents Ma. Erlinda I. Bildner and Lily F. Raquero; another
against respondents Sylvia K. Ilusorio, Maria Cristina A. Ilusorio and Aurora
Montemayor; still another against respondents Sylvia K. Ilusorio, Maria
Cristina A. Ilusorio and Aurora Montemayor; and the last against respondents
Sylvia K. Ilusorio, Maria Cristina Ilusorio and Aurora Montemayor, docketed
as Criminal Case Nos. 121496, 121497, 121498 and 121499, respectively.
After the consolidation of the Informations, respondents moved for their
quashal on the grounds of lack of jurisdiction due to improper venue, lack of
bases of the charges as the original petitions had already been withdrawn,
and privileged character of the pleadings.[11]
Branch 72 of the Pasig City MeTC, by Order[12] of June 13, 2001, ruled that
venue was properly laid, viz:
To determine the correct venue (territorial jurisdiction)[,] the vital point is the
allegations [sic] in the complaint or information of the situs of the offense
charged. If the complaint or information alleges that the crime was
committed in the place where the court has jurisdiction, then that court has
jurisdiction to hear and decide the case. (Colmenares vs. Villar, 33 SCRA
186). In other words, what is important is the allegation in the complaint that
the crime was committed in the place which is within the courts jurisdiction
(Mediante vs. Ortiz, 19 SCRA 832).
In the instant cases, the information [sic] allege that the offenses were
committed in Pasig City. Hence, pursuant to the aforecited doctrinal rulings,
this court has the venue or territorial jurisdiction over these cases.
(Underscoring supplied)
Nonetheless, finding that respondents petitions are privileged, the MeTC,
citing Flordelis v. Judge Himalalaon[13] and People v. Aquino, et al.,[14]
granted the Motions to Quash, viz:
However, the Court finds the third ground[-privileged character of the
pleadings] meritorious. In the case of Flordelis vs. Himalaloan, (84 SCRA
477) which is also a prosecution for Perjury, the Supreme Court held:
xxxx
Moreover, it is likewise clear that any statement contained in an appropriate
pleading filed in court that is relevant to the issues in the case to which it
relates is absolutely priveleged [sic] and it is the law that the same may not
be made the subject of a criminal prosecution. (People vs. Aquino, 18 SCRA
555.)
Similarly, the alleged perjurious statements in the instant cases are contained
in a Petition filed before the Regional Trial Courts of Makati and Tagaytay
Cities which are relevant to the case the same being for the issuance of a new
owners duplicate copy of a certificate of title alleged to be lost.
x x x x.
As the facts charged herein do not constitute an offense and/or the
information contains averments which, if true, would nonetheless constitute a
legal excuse or jurisdiction [sic], quashal of the Information[s] is thus in
order.
x x x x. (Underscoring in the original; emphasis supplied)
Reconsideration of the quashal of the Informations having been denied,[15]
petitioner appealed to the Pasig City RTC Branch 263 of which, by
Decision[16] of January 25, 2006, affirmed the ruling of the MeTC. After the
denial of her motion for reconsideration,[17] petitioner filed with this Court
the present petition for review on certiorari,[18] contending that:
On the merits, the Court denies the petition on the ground that, contrary to
the lower courts ruling, venue of the Informations was improperly laid in
Pasig.
The allegations in each of the Informations indicate Pasig as the situs of the
offense charged where respondents petitions were notarized. Albeit the
Informations referred to the subscribed and sworn petitions of respondents as
bases of the charges, there is no mention therein that those petitions were
filed in Makati City and Tagaytay City. The Complaint-Affidavits,[25] which
initiated the criminal actions, reflect such jurisdictional details. Consider this
allegation:
6. On November 4, 1999, MA. ERLINDA I. BILDNER and LILY F.
RAQUENO allegedly representing LAKERIDGE filed a verified Petition for
Issuance of a New Owners Duplicate Copy of Condominium Certificate of
Title No. 21578 before the Regional Trial Court of Makati City x x x x,
(Emphasis, italics and underscoring supplied)
as well as this:
06. On November 10, 1999, AURORA I. MONTEMAYOR, SYLVIA
ILUSORIO, and MA. CRISTINA A. ILUSORIO allegedly representing
LAKERIDGE filed three (3) verified Petitions for Issuance of a New Owners
Duplicate Copy of Transfer Certificate of Title Nos. 17010, 17011 and 17012
before the Regional Trial Court, Branch 18, Tagaytay City x x x x.
(Emphasis, italics and underscoring supplied)
The allegation in each of the four similarly-worded Informations that perjury
was committed in Pasig is neither controlling nor sufficient to show that the
Pasig MeTC has jurisdiction over them. The purported perjurious petition
quoted in each of the Informations in fact indicates that, with respect to the
CCT of the Registry of Deeds of Makati the TCTs of the Registry of Deeds
of Tagaytay, venue of the criminal action arising therefrom is in Makati and
Tagaytay, respectively.
Perjury is committed as follows:
Article 183, Revised Penal Code.
WHEREFORE, the petition is, on the ground that the Metropolitan Trial
Court of Pasig has no jurisdiction over the Informations for perjury against
respondents, DENIED.
While the Court finds that, contrary to the MeTC and RTC ruling, venue of
the Informations was improperly laid, and on that score the Court denies the
present petition as priorly stated, it is confronting the sole issue raised by
petitioner whether the questioned petitions of respondents are, as the MeTC
held and which the RTC affirmed, absolutely privileged on the basis of
Flordelis and Aquino.
The issue had already been addressed by the Court in Choa v. People,[34] in
this wise:
Sison and Aquino both involve libel cases. In Sison, this Court categorically
stressed that the term "absolute privilege" (or "qualified privilege") has an
"established technical meaning, in connection with civil actions for libel and
slander." x x x x.
x x x x.
The Flordelis case is likewise not in point. There, Flordelis was charged with
perjury for having alleged false statements in his verified answer. This Court
held that no perjury could be committed by Flordelis because "an answer to a
complaint in an ordinary civil action need not be under oath," thus, "it is at
once apparent that one element of the crime of perjury is absent x x x,
namely, that the sworn statement complained of must be required by law."
[35] (Italics in the original; underscoring supplied)
Verily, both the MeTC and the RTC misappreciated this Courts rulings in
Flordelis and Aquino as respondents petitions-bases of the subject
Informations for perjury are required by law to be under oath.
The Antecedents
Tomas was charged in court for perjury under Article 183 of the Revised
Penal Code (RPC) for making a false narration in a Certificate against Forum
Shopping. The Information against her reads:
That on or about the 13th day of March 2000 in the City of Makati, Metro
Manila, Philippines and within the jurisdiction of this Honorable Court, the
above-named accused, did then and there willfully, unlawfully and
feloniously make untruthful statements under oath upon a material matter
before a competent person authorized to administer oath which the law
requires to wit: said accused stated in the Verification/Certification/Affidavit
of merit of a complaint for sum of money with prayer for a writ of replevin
docketed as [Civil] Case No. 342-00 of the Metropolitan Trial Court[,] Pasay
City, that the Union Bank of the Philippines has not commenced any other
action or proceeding involving the same issues in another tribunal or agency,
accused knowing well that said material statement was false thereby making
a willful and deliberate assertion of falsehood.[2]
The accusation stemmed from petitioner Union Banks two (2) complaints for
sum of money with prayer for a writ of replevin against the spouses Eddie
and Eliza Tamondong and a John Doe. The first complaint, docketed as Civil
Case No. 98-0717, was filed before the RTC, Branch 109, Pasay City on
April 13, 1998. The second complaint, docketed as Civil Case No. 342-000,
was filed on March 15, 2000 and raffled to the MeTC, Branch 47, Pasay City.
Both complaints showed that Tomas executed and signed the Certification
against Forum Shopping. Accordingly, she was charged of deliberately
violating Article 183 of the RPC by falsely declaring under oath in the
Certificate against Forum Shopping in the second complaint that she did not
commence any other action or proceeding involving the same issue in
another tribunal or agency.
Tomas filed a Motion to Quash,[3] citing two grounds. First, she argued that
the venue was improperly laid since it is the Pasay City court (where the
Certificate against Forum Shopping was submitted and used) and not the
MeTC-Makati City (where the Certificate against Forum Shopping was
subscribed) that has jurisdiction over the perjury case. Second, she argued
that the facts charged do not constitute an offense because: (a) the third
element of perjury the willful and deliberate assertion of falsehood was not
alleged with particularity without specifying what the other action or
proceeding commenced involving the same issues in another tribunal or
agency; (b) there was no other action or proceeding pending in another court
when the second complaint was filed; and (c) she was charged with perjury
by giving false testimony while the allegations in the Information make out
perjury by making a false affidavit.
The MeTC-Makati City denied the Motion to Quash, ruling that it has
jurisdiction over the case since the Certificate against Forum Shopping was
notarized in Makati City.[4] The MeTC-Makati City also ruled that the
allegations in the Information sufficiently charged Tomas with perjury.[5]
The MeTC-Makati City subsequently denied Tomas motion for
reconsideration.[6]
The petitioners filed a petition for certiorari before the RTC-Makati City to
annul and set aside the MeTC-Makati City orders on the ground of grave
abuse of discretion. The petitioners anchored their petition on the rulings in
United States v. Canet[7] and Ilusorio v. Bildner[8] which ruled that venue
and jurisdiction should be in the place where the false document was
presented.
The Assailed RTC Decision
In dismissing the petition for certiorari, the RTC-Makati City held:
[I]nsofar as the petitioners stance is concerned[,] the more recent case of [Sy
Tiong Shiou v. Sy] (GR Nos. 174168 & 179438, March 30, 2009) however,
reaffirms what has been the long standing view on the venue with respect to
perjury cases. In this particular case[,] the high court reiterated the rule that
the criminal action shall be instituted and tried in the court of the
municipality or territory where the offense was committed, or where any of
its essential ingredients occurred. It went on to declare that since the subject
document[,] the execution of which was the subject of the charge[,] was
subscribed and sworn to in Manila[,] then the court of the said territorial
jurisdiction was the proper venue of the criminal action[.]
xxxx
x x x Given the present state of jurisprudence on the matter, it is not amiss to
state that the city court of Makati City has jurisdiction to try and decide the
case for perjury inasmuch as the gist of the complaint itself which
constitute[s] the charge against the petitioner dwells solely on the act of
subscribing to a false certification. On the other hand, the charge against the
accused in the case of Ilusorio v. Bildner, et al., based on the complaintaffidavits therein[,] was not simply the execution of the questioned
documents but rather the introduction of the false evidence through the
subject documents before the court of Makati City.[9] (emphasis ours)
The RTC-Makati City ruled that the MeTC-Makati City did not commit
grave abuse of discretion since the order denying the Motion to Quash was
based on jurisprudence later than Ilusorio. The RTC-Makati City also
observed that the facts in Ilusorio are different from the facts of the present
case. Lastly, the RTC-Makati City ruled that the Rule 65 petition was
improper since the petitioners can later appeal the decision in the principal
case. The RTC-Makati City subsequently denied the petitioners motion for
reconsideration.[10]
The Petition
The petitioners pray that we reverse the RTC-Makati City decision and quash
the Information for perjury against Tomas. The petitioners contend that the
Ilusorio ruling is more applicable to the present facts than our ruling in Sy
Tiong Shiou v. Sy Chim.[11] They argued that the facts in Ilusorio showed
that the filing of the petitions in court containing the false statements was the
essential ingredient that consummated the perjury. In Sy Tiong, the
perjurious statements were made in a General Information Sheet (GIS) that
was submitted to the Securities and Exchange Commission (SEC).
Interestingly, Solicitor General Jose Anselmo I. Cadiz shared the petitioners
view. In his Manifestation and Motion in lieu of Comment (which we hereby
treat as the Comment to the petition), the Solicitor General also relied on
Ilusorio and opined that the lis mota in the crime of perjury is the deliberate
or intentional giving of false evidence in the court where the evidence is
material. The Solicitor General observed that the criminal intent to assert a
falsehood under oath only became manifest before the MeTC-Pasay City.
The Issue
The case presents to us the issue of what the proper venue of perjury under
Article 183 of the RPC should be Makati City, where the Certificate against
Forum Shopping was notarized, or Pasay City, where the Certification was
presented to the trial court.
The Courts Ruling
We deny the petition and hold that the MeTC-Makati City is the proper
venue and the proper court to take cognizance of the perjury case against the
petitioners.
Venue of Action and Criminal Jurisdiction
Venue is an essential element of jurisdiction in criminal cases. It determines
not only the place where the criminal action is to be instituted, but also the
court that has the jurisdiction to try and hear the case. The reason for this rule
is two-fold. First, the jurisdiction of trial courts is limited to well-defined
territories such that a trial court can only hear and try cases involving crimes
The first element of the crime of perjury, the execution of the subject
Certificate against Forum Shopping was alleged in the Information to have
been committed in Makati City. Likewise, the second and fourth elements,
requiring the Certificate against Forum Shopping to be under oath before a
notary public, were also sufficiently alleged in the Information to have been
made in Makati City:
That on or about the 13th day of March 2000 in the City of Makati, Metro
Manila, Philippines and within the jurisdiction of this Honorable Court, the
above-named accused, did then and there willfully, unlawfully and
feloniously make untruthful statements under oath upon a material matter
before a competent person authorized to administer oath which the law
requires to wit: said accused stated in the Verification/Certification/Affidavit
x x x.[16]
We also find that the third element of willful and deliberate falsehood was
also sufficiently alleged to have been committed in Makati City, not Pasay
City, as indicated in the last portion of the Information:
[S]aid accused stated in the Verification/Certification/Affidavit of merit of a
complaint for sum of money with prayer for a writ of replevin docketed as
[Civil] Case No. 342-00 of the Metropolitan Trial Court[,] Pasay City, that
the Union Bank of the Philippines has not commenced any other action or
proceeding involving the same issues in another tribunal or agency, accused
knowing well that said material statement was false thereby making a willful
and deliberate assertion of falsehood.[17] (underscoring ours)
Tomas deliberate and intentional assertion of falsehood was allegedly shown
when she made the false declarations in the Certificate against Forum
Shopping before a notary public in Makati City, despite her knowledge that
the material statements she subscribed and swore to were not true. Thus,
Makati City is the proper venue and MeTC-Makati City is the proper court to
try the perjury case against Tomas, pursuant to Section 15(a), Rule 110 of the
2000 Revised Rules of Criminal Procedure as all the essential elements
constituting the crime of perjury were committed within the territorial
jurisdiction of Makati City, not Pasay City.
Referral to the En Banc
The present case was referred to the En Banc primarily to address the
seeming conflict between the division rulings of the Court in the Ilusorio
case that is cited as basis of this petition, and the Sy Tiong case that was the
basis of the assailed RTC-Makati City ruling.
The subject matter of the perjury charge in Ilusorio involved false statements
contained in verified petitions filed with the court for the issuance of a new
owners duplicate copies of certificates of title. The verified petitions
containing the false statements were subscribed and sworn to in Pasig City,
but were filed in Makati City and Tagaytay City. The question posed was:
which court (Pasig City, Makati City and/or Tagaytay City) had jurisdiction
to try and hear the perjury cases?
To have a better appreciation of the issue facing the Court, a look at the
historical background of how the crime of perjury (specifically, Article 183
of the RPC) evolved in our jurisdiction.
We ruled that the venues of the action were in Makati City and Tagaytay
City, the places where the verified petitions were filed. The Court reasoned
out that it was only upon filing that the intent to assert an alleged falsehood
became manifest and where the alleged untruthful statement found relevance
or materiality. We cited as jurisprudential authority the case of United States.
v. Caet[18] which ruled:
It is immaterial where the affidavit was subscribed and sworn, so long as it
appears from the information that the defendant, by means of such affidavit,
"swore to" and knowingly submitted false evidence, material to a point at
issue in a judicial proceeding pending in the Court of First Instance of Iloilo
Province. The gist of the offense charged is not the making of the affidavit in
Manila, but the intentional giving of false evidence in the Court of First
Instance of Iloilo Province by means of such affidavit. [emphasis and
underscoring deleted]
In Sy Tiong, the perjured statements were made in a GIS which was
subscribed and sworn to in Manila. We ruled that the proper venue for the
perjury charges was in Manila where the GIS was subscribed and sworn to.
We held that the perjury was consummated in Manila where the false
statement was made. As supporting jurisprudence, we cited the case of
Villanueva v. Secretary of Justice[19] that, in turn, cited an American case
entitled U.S. v. Norris.[20] We ruled in Villanueva that
The RPC penalizes three forms of false testimonies. The first is false
testimony for and against the defendant in a criminal case (Articles 180 and
181, RPC); the second is false testimony in a civil case (Article 182, RPC);
and the third is false testimony in other cases (Article 183, RPC). Based on
the Information filed, the present case involves the making of an untruthful
statement in an affidavit on a material matter.
These RPC provisions, however, are not really the bases of the rulings cited
by the parties in their respective arguments. The cited Ilusorio ruling,
although issued by this Court in 2008, harked back to the case of Caet which
was decided in 1915, i.e., before the present RPC took effect.[21] Sy Tiong,
on the other hand, is a 2009 ruling that cited Villanueva, a 2005 case that in
turn cited United States v. Norris, a 1937 American case. Significantly, unlike
Canet, Sy Tiong is entirely based on rulings rendered after the present RPC
took effect.[22]
The perjurious act in Caet consisted of an information charging perjury
through the presentation in court of a motion accompanied by a false sworn
affidavit. At the time the Caet ruling was rendered, the prevailing law on
perjury and the rules on prosecution of criminal offenses were found in
Section 3, Act No. 1697 of the Philippine Commission, and in Subsection 4,
Section 6 of General Order No. 58[23] for the procedural aspect.
Section 3 of Act No. 1697 reads:
Sec. 3. Any person who, having taken oath before a competent tribunal,
officer, or person, in any case in which a law of the Philippine Islands
authorizes an oath to be administered, that he will testify, declare, depose, or
It should be noted that perjury under Acts 1697 and 2718 includes false
testimony, whereas, under the Revised Penal Code, false testimony includes
perjury. Our law on false testimony is of Spanish origin, but our law on
perjury (art. 183 taken from sec. 3 of Act 1697) is derived from American
statutes. The provisions of the old Penal Code on false testimony embrace
perjury committed in court or in some contentious proceeding, while perjury
as defined in Act 1697 includes the making of a false affidavit. The
provisions of the Revised Penal Code on false testimony are more severe and
strict than those of Act 1697 on perjury. [italics ours]
With this background, it can be appreciated that Article 183 of the RPC
which provides:
The penalty of arresto mayor in its maximum period to prision correccional
in its minimum period shall be imposed upon any person, who knowingly
makes untruthful statements and not being included in the provisions of the
next preceding articles, shall testify under oath, or make an affidavit, upon
any material matter before a competent person authorized to administer an
oath in cases in which the law so requires. [emphasis supplied; emphases
ours]
in fact refers to either of two punishable acts (1) falsely testifying under oath
in a proceeding other than a criminal or civil case; and (2) making a false
affidavit before a person authorized to administer an oath on any material
matter where the law requires an oath.
As above discussed, Sy Tiong decided under Article 183 of the RPC
essentially involved perjured statements made in a GIS that was subscribed
and sworn to in Manila and submitted to the SEC in Mandaluyong City.
Thus, the case involved the making of an affidavit, not an actual testimony in
a proceeding that is neither criminal nor civil. From this perspective, the situs
of the oath, i.e., the place where the oath was taken, is the place where the
offense was committed. By implication, the proper venue would have been
the City of Mandaluyong the site of the SEC had the charge involved an
actual testimony made before the SEC.
In contrast, Caet involved the presentation in court of a motion supported and
accompanied by an affidavit that contained a falsity. With Section 3 of Act
No. 1697 as basis, the issue related to the submission of the affidavit in a
judicial proceeding. This came at a time when Act No. 1697 was the perjury
law, and made no distinction between judicial and other proceedings, and at
the same time separately penalized the making of false statements under oath
(unlike the present RPC which separately deals with false testimony in
criminal, civil and other proceedings, while at the same time also penalizing
the making of false affidavits). Understandably, the venue should be the
place where the submission was made to the court or the situs of the court; it
could not have been the place where the affidavit was sworn to simply
because this was not the offense charged in the Information.
The case of Ilusorio cited the Caet case as its authority, in a situation where
the sworn petitions filed in court for the issuance of duplicate certificates of
title (that were allegedly lost) were the cited sworn statements to support the
charge of perjury for the falsities stated in the sworn petitions. The Court
ruled that the proper venue should be the Cities of Makati and Tagaytay
because it was in the courts of these cities where the intent to assert an
alleged falsehood became manifest and where the alleged untruthful
statement finds relevance or materiality in deciding the issue of whether new
owners duplicate copies of the [Certificate of Condominium Title] and
[Transfer Certificates of Title] may issue.[31] To the Court, whether the
perjurious statements contained in the four petitions were subscribed and
sworn in Pasig is immaterial, the gist of the offense of perjury being the
intentional giving of false statement,[32] citing Caet as authority for its
statement.
The statement in Ilusorio may have partly led to the present confusion on
venue because of its very categorical tenor in pointing to the considerations
to be made in the determination of venue; it leaves the impression that the
place where the oath was taken is not at all a material consideration,
forgetting that Article 183 of the RPC clearly speaks of two situations while
Article 182 of the RPC likewise applies to false testimony in civil cases.
The Ilusorio statement would have made perfect sense had the basis for the
charge been Article 182 of the RPC, on the assumption that the petition itself
constitutes a false testimony in a civil case. The Caet ruling would then have
been completely applicable as the sworn statement is used in a civil case,
although no such distinction was made under Caet because the applicable law
at the time (Act No. 1697) did not make any distinction.
If Article 183 of the RPC were to be used, as what in fact appears in the
Ilusorio ruling, then only that portion of the article, referring to the making of
an affidavit, would have been applicable as the other portion refers to false
testimony in other proceedings which a judicial petition for the issuance of a
new owners duplicate copy of a Certificate of Condominium Title is not
because it is a civil proceeding in court. As a perjury based on the making of
a false affidavit, what assumes materiality is the site where the oath was
taken as this is the place where the oath was made, in this case, Pasig City.
Procedurally, the rule on venue of criminal cases has been subject to various
changes from the time General Order No. 58 was replaced by Rules 106 to
122 of the Rules of Court on July 1, 1940. Section 14, Rule 106 of the Rules
of Court provided for the rule on venue of criminal actions and it expressly
included, as proper venue, the place where any one of the essential
ingredients of the crime took place. This change was followed by the passage
of the 1964 Rules of Criminal Procedure,[33] the 1985 Rules of Criminal
Procedure,[34] and the 2000 Revised Rules of Criminal Procedure which all
adopted the 1940 Rules of Criminal Procedures expanded venue of criminal
actions. Thus, the venue of criminal cases is not only in the place where the
offense was committed, but also where any of its essential ingredients took
place.
In the present case, the Certification against Forum Shopping was made
integral parts of two complaints for sum of money with prayer for a writ of
replevin against the respondent spouses Eddie Tamondong and Eliza B.
Tamondong, who, in turn, filed a complaint-affidavit against Tomas for
violation of Article 183 of the RPC. As alleged in the Information that
followed, the criminal act charged was for the execution by Tomas of an
affidavit that contained a falsity.
Under the circumstances, Article 183 of the RPC is indeed the applicable
provision; thus, jurisdiction and venue should be determined on the basis of
this article which penalizes one who make[s] an affidavit, upon any material
matter before a competent person authorized to administer an oath in cases in
which the law so requires. The constitutive act of the offense is the making of
an affidavit; thus, the criminal act is consummated when the statement
containing a falsity is subscribed and sworn before a duly authorized person.
MELENCIO-HERRERA, J.:
The two cases were tried jointly, the witnesses for both prosecution and
defense being the same for the two suits.
A special civil action for certiorari seeking to set aside the Decision of
respondent Presiding Judge of Branch 44, Regional Trial Court of Pampanga,
dismissing Criminal Case No. 2800 for Violation of B.P. Blg. 22, and
Criminal Case No. 2813 for Estafa, for being "bereft of jurisdiction to pass
judgment on the accused on the basis of the merits of these cases."
In Criminal Case No. 2800 of the Regional Trial Court of Pampanga, he was
charged with Violation of the Bouncing Checks Law (B.P. Blg. 22 for having
issued a check on 13 June 1983 for P86,071.20) in favor of SMC but which
was dishonored for having been drawn against 'insufficient funds and, in
spite of repeated demands, for having failed and refused to make good said
check to the damage and prejudice of SMC.
In Criminal Case No. 2813 of the same Court, Respondent-accused was
charged with Estafa under Article 315, paragraph 2(d) of the Revised Penal
Code for having made out a check on 18 June 1983 in the sum of P11,918.80
in favor of SMC in payment of beer he had purchased, but which check was
refused payment for "insufficient funds" and, in spite of repeated demands,
for having failed and refused to redeem said check to the damage and
prejudice of SMC.
Based on the facts and the evidence, Respondent Judge arrived at the
following "Findings and Resolution:"
From the welter of evidence adduced in these two , this Court is convinced
that the two checks involved herein were issued and signed by the accused in
connection with the beer purchases made by him on various occasions at the
Guiguinto, sales office of SMC at Guiguinto, Bulacan and which checks he
handed and delivered to the sales Supervisor of SMC, Mr. Ruben Cornelio,
who holds office in that municipality. The Court finds it rather difficult to
believe the claim and testimony of the accused that these checks which he
funds in his bank, the Planters Development Bank, at Santa Maria, Bulacan,
only to turn out later on that this was not so.
But even as this Court is convinced that the accused had issued these checks
to the representative of SMC on the occasions testified to in these cases by
the witnesses for the prosecution which two checks were subsequently
dishonored due to lack of funds resulting in damage to SMC, the offended
party herein, this Court, after considering the totality of the evidence and the
circumstances that attended the issuance of these two checks until they were
both dishonored by the drawee bank, the Planters Development Bank, at
Santa Maria, Bulacan, has come to the conclusion that it is bereft of
jurisdiction to pass judgment on the accused on the basis of the merits of
these cases.
Deceit and damage are the two essential elements that make up the offenses
involving dishonored checks. And in order that this Court may have
jurisdiction to try these cases, it must be established that both or any one of
these elements composing the offenses charged must occur or take place
within the area over which this Court has territorial jurisdiction. Here,
however, it is clear that none of these elements took place or occurred within
the jurisdictional area of this Court.
As gleaned from the evidence, the two checks involved herein were issued by
the accused at Guiguinto, Bulacan. They were delivered and handed to
Supervisor Ruben Cornelio of San Miguel Corporation in his capacity as the
representative of the company holding office in that municipality where the
transactions of the accused with SMC took place. It was before Supervisor
Cornelio at Guiguinto, Bulacan that false assurances were made by the
accused that the checks issued by him were good and backed by sufficient
Respondent-accused adopts the contrary proposition and argues that the order
of dismissal was, in effect, an acquittal not reviewable by certiorari, and that
to set the order aside after plea and trial on the merits, would subject
Respondent-accused to double jeopardy.
The bail bond posted by the accused in these cases are ordered cancelled.
This Petition for certiorari challenges the dismissal of the two criminal cases
on the ground that they were issued with grave abuse of discretion amounting
to lack of jurisdiction.
(2) On June 18, 1983, Respondent-accused likewise issued PDB Check No.
19040872 in the amount of P11,918.80 in favor of SMC, which was received
also by the SMC Supervisor at Guiguinto, Bulacan, as direct payment for the
spot sale of beer. That check was similarly forwarded by the SMC Supervisor
to the SMC Regional Office in San Fernando, Pampanga, where it was
delivered to the Finance Officer thereat and who, in turn deposited the check
with the SMC depository bank in San Fernando, Pampanga. On July 8,1983,
the SMC depository bank received a notice of dishonor for "insufficiency of
funds" from the drawee bank, the PDB, in Santa Maria, Bulacan. This
dishonored check is the subject of the prosecution for Estafa by postdating or
issuing a bad check under Article 315, paragraph 2(d) of the Revised Penal
Code in Criminal Case No, 2813 of the lower Court (briefly, the Estafa
Case).
In the crime of Estafa by postdating or issuing a bad check, deceit and
damage are essential elements of the offense (U.S. vs. Rivera, 23 Phil. 383390) and have to be established with satisfactory proof to warrant conviction.
For Violation of the Bouncing Checks Law, on the other hand, the elements
of deceit and damage are not essential nor required. An essential element of
that offense is knowledge on the part of the maker or drawer of the check of
the insufficiency of his funds (Lozano vs. Hon. Martinez, Nos. L-63419, etc.,
December 18, 1986; 146 SCRA 323; Dingle vs. IAC, G.R. No. 75243, March
16, 1987,148 SCRA 595). The Anti-Bouncing Checks Law makes the mere
act of issuing a worthless check a special offense punishable thereunder
(Cruz vs. IAC, No. I,66327, May 28,1984,129 SCRA 490. Malice and intent
in issuing the worthless check are immaterial, the offense being malum
prohibitum (Que vs. People of the Philippines, et. al., G.R. Nos. 75217-18,
September 21, 1987). The gravamen of the offense is the issuance of a check,
not the non-payment of an obligation (Lozano vs. Hon. Martinez, supra).
A. With the distinction clarified, the threshold question is whether or not
venue was sufficiently conferred in the Regional Trial Court of Pampanga in
the two cases.
Section 14(a) of Rule 110 of the Revised Rules of Court, which has been
carried over in Section 15(a) of Rule 110 of the 1985 Rules of Criminal
Procedure, specifically provides:
The dismissal being null and void the proceedings before the Trial Court may
not be said to have been lawfully terminated. There is therefore, no second
proceeding which would subject the accused to double jeopardy.
Since the order of dismissal was without authority and, therefore, null and
void, the proceedings before the Municipal Court have not been lawfully
terminated. Accordingly, there is no second proceeding to speak of and no
double jeopardy. A continuation of the proceedings against the accused for
serious physical injuries is in order. (People vs. Mogol, 131 SCRA 306, 308).
In sum, Respondent Judge had jurisdiction to try and decide the subject
criminal case, venue having been properly laid.
The six other Informations are similarly worded except for the date when the
offense was committed, the number and amount of the check. The pertinent
data in the other informations are as follows:
Date of Commission
No. of Check
Amount of
147-84
17 March 1984
518644
P50,000.00
148-84
30 March 1984
518645
P50,000.00
149-84
12 March 1984
030086[5]
P150,000.0
155-84
25 March 1984
518674
P95,000.00
156-84
29 March 1984
518646
P90,000.00
157-84
1 April 1984
518669
P25,000.00
The spouses Isip were likewise charged before the same court with five (5)
counts of Estafa. The cases were docketed as Criminal Cases No. 256-84,
257-84, 260-84, 261-84 and 378-84. The Estafa charged in Crim. Case No.
256-84 was allegedly committed as follows:
That on or about March 20, 1984, in the City of Cavite, Republic of the
Philippines and within the jurisdiction of this Honorable Court, the abovenamed accused, conspiring, confederating together and mutually helping one
another, received from one Leonardo A. Jose the following pieces of jewelry,
to wit: one (1) set dome shape ring and earrings valued atP120,000.00, with
the obligation of selling the same on commission basis and deliver the
proceeds of the sale thereof or return them if not sold, on or before March 21,
1984, but the herein accused, once in possession of the said jewelry by means
of false pretenses, with intent to defraud and with grave abuse of confidence,
did, then and there, willfully, unlawfully and feloniously misappropriate,
misapply and convert them to their own personal use and benefit and paid the
same with Check Nos. 518646 and 518669, dated March 29, 1984 and April
Value of
Jewelry
Date of
Receipt
Agreed Date
of Return
P150,000
03-07-84
03-30-84
257-84
P95,000
03-20-84
03-27-84
260-84
P562,000
03-20-84
03-27-84
261-84
P200,000
02-03-84
378-84
Check No./Date
030086/03-12-84
518647/03-25-84
518672/03-27-84
518644/03-17-84
518645/03-30-84
When arraigned on the charges, petitioner and Marietta Isip pleaded not
guilty. There being only one complainant in all the cases, joint trial of the
cases followed.
The versions of the prosecution and the defense, as taken by the Court of
Appeals in the parties respective briefs, are the following:
i) Prosecution Version.
Sometime in 1982, appellant spouses Manuel and Marietta Isip were
introduced to complainant Atty. Leonardo Jose. The introduction was made
by complainants father, Nemesio, business associate of the Isips. Nemesio
and the Isips were then engaged in the buy and sell of pledged and
unredeemed jewelry pawned by gambling habitus (pp. 8-16, tsn, June 8,
1993).
Needing a bigger capital to finance the growing operation, the Isips
convinced complainant to be their capitalist, a proposition to which
complainant acceded to (p. 14, ibid).
Thus, the operation went smoothly that was before February, 1984 (pp. 1418, tsn, ibid).
On February 3, 1984, at complainants residence in Caridad, Cavite City,
appellant spouses received from complainant a 6 carat mens ring valued
at P200,000.00 with the condition that they are going to sell said jewelry x x
x on commission basis for P200,000.00 and if they are not able to sell the
same, they have to return the ring if sold on or before March 3, 1984 (p. 8,
tsn, October 15, 1993).
On March 3, 1984, the Isips did not return the ring or the proceeds
thereof. Instead, Marietta Isip issued two (2) personal checks dated March 17
and 30, 1984, respectively, for P50,000.00 each as partial payment for the
jewelry. The receipt of the jewelry was acknowledged by Marietta Isip with
Manuel acting as a witness (pp. 9-11, tsn, ibid).
This particular mens ring is the subject of Criminal Case No. 378-84 for
Estafa while Check Nos. 518644 and 518645 (Pacific Banking Corp.) dated
March 17 and 30, respectively, are the subject of Criminal Case Nos. 147-84
and 148-84.
In the morning of March 7, 1984, the Isip couple went again to complainants
residence in Caridad, Cavite City where complainant delivered one (1)
Choker Pearl with 35 pieces of south sea pearls with diamond
worth P150,000.00. The condition was that the proceeds be turned over to
complainant on or before March 30, 1984 (pp. 27-29, tsn, ibid). March 30,
1984 came, but instead of turning over the proceeds or return the Choker
Pearl, Mrs. Isip issued a check dated March 12, 1984 for P150,000.00
(RCBC check No. 030086) as payment (p. 34, ibid).
This is the subject of Criminal Case No. 254-84 for Estafa against the
spouses and Criminal Case No. 149-84 for violation of BP 22 against
Marietta Isip.
In the afternoon of the same day, Mr. Manuel Isip went to complainants
residence in Cavite City and got from the latter a mens ring (7 carats)
worth P200,000.00. Mr. Isip signed a receipt with the condition that he return
the ring or deliver the proceeds, if sold, on or before March 15, 1984. March
15, 1984 came, but Mr. Isip sought an extension which fell due on April 7,
1984. April 7, 1984 came and went by, but Mr. Isip defaulted (pp. 41-46, tsn,
ibid). The above is the subject matter of Criminal Case No. 136-84 for Estafa
against Manuel Isip.
Again, in the early evening of March 20, 1984, the Isips went to complainant
informing him that Balikbayan doctors are having a convention in Vigan,
Ilocos Sur saying that, that was the most opportune time to sell
jewelries. Assorted pieces of jewelry were delivered to Mrs. Isip as reflected
in a receipt duly signed by her (Exhibit O) acknowledging the value thereof
to the tune ofP562,000.00.
Exhibit O contained the promise that the jewelry or proceeds thereof will be
delivered on March 27, 1984. Inspite of the promise contained in Exhibit O,
Mrs. Isip issued a postdated check (Check No. 51867) dated March 27, 1984
in the amount of P562,000.00 as payment for the assorted pieces of jewelry
(pp. 8-12, tsn, October 22, 1993).
On March 20, 1984, the Isips went again to Cavite City and got from
complainant one (1) Dome shaped ring with matching earring with diamonds
valued at P120,000.00. As with their previous agreement, the item was to be
returned or the proceeds of the sale be delivered on March 21, 1984 (pp. 4852, tsn, ibid). The following morning, however, Mrs. Isip issued two (2)
personal checks (Check Nos. 518646 and 518669 dated March 29, 1984
for P90,000.00 and P25,000.00, respectively) in payment for the Dome
shaped ring (p. 53, tsn, ibid).
This is the subject matter of Criminal Case No. 261-84 for Estafa against the
couple and Criminal Case No. 146-84 against Marietta Isip for Violation of
BP 22.
This is the subject of Criminal Case No. 256084 for Estafa against the
spouses Isip and Criminal Case Nos. 156-84 and and (sic) 157-84 for
Violation of BP 22 against Marietta Isip.
At noontime on the same day, the Isip couple went back to the residence of
complainant and got from him one (1) collar heart shaped necklace and one
(1) baguette necklace worth P95,000.00 (p. 60, tsn, ibid). As agreed upon,
Marietta Isip signed a receipt with the condition that the jewelry or the
proceeds thereof be delivered to complainant on March 27, 1984. The Isips
defaulted and instead, Mrs. Isip issued a check (Check No. 518647)
dated March 27, 1984 in the amount of P90,000.00 (pp. 3-5, tsn, October 22,
1993).
The subject pieces of jewelry are the subject of Criminal Case No. 260-84 for
Estafa against the Isip couple and Criminal Case No. 155-84 for Violation of
BP 22 against Marietta Isip.
All of the checks covered by the above transactions were deposited on April
6, 1984 (p. 14, tsn, ibid), but all of them bounced for being drawn against
insufficient funds. Demand letters sent to the couple proved futile (pp. 15-20,
ibid).
During all the times material to these cases, complainant Leonardo Jose, who
had his residence at Room 411, 4th Floor, Plaza Towers Condominium on
(sic) 3375 Guerrero Street, Ermita, Manila, but claims he had his ancestral
home at 506 P. Burgos Street, Caridad, Cavite, was an employee of the
Bureau of Customs, having been so since 1964 (Tr., 6/8/93, 7). Upon the
other hand, appellants Manuel S. Isip (Manuel hereafter) and Marietta M.
Isip (Marietta hereafter) are spouses, residents at 3635 M. Arellano Street,
Bacood, Sta. Mesa, Manila (Tr., 8/29/93, 4) and engaged in various business
undertakings in Pampanga, Nueva Ecija, Baguio City, Olongapo City and
Bataan (Tr., Idem, 9; Tr., 10/2/95, 13) appellant Manuel, in the brokerage and
trucking business; while appellant Marietta, in that of selling jewelry and
financing, as well as in PX goods, real estate and cars, which she started
when she was still single (Tr., Idem, 9-10; Tr., 10/2/95, 12). In 1982, at the
casino in Olongapo City, appellant Marietta started obtaining jewelry from
transactions were entered into in Manila, complainant filed the cases herein
before the Cavite Regional Trial Court (Tr., Idem, 23-24).[7]
On November 25, 1996, the trial court rendered its decision, the dispositive
portion thereof reading:
WHEREFORE, in view of the foregoing, the Court finds the accused Dra.
Marietta M. Isip guilty beyond reasonable doubt of a (sic) violation of B.P.
22 in Crim. Cases Nos. 146-84, 147-84, 148-84, 149-84, 155-84, 156-84 and
157-84 and she is hereby sentenced to undergo imprisonment of One (1) year
of prision correctional (sic) in each case; and of Estafa in the following Crim.
Cases: No. 256-84 where she is sentenced to undergo imprisonment of, from
Twelve (12) years of prision mayor, as minimum, to Twenty (20) years of
reclusion temporal, as maximum, and to indemnify the complainant Atty.
Leonardo Jose the amount of P120,000.00 for the value of the articles
misappropriated; Crim. Case No. 257-84 where she is sentenced to undergo
imprisonment of, from Twelve (12) years of prision mayor, as minimum, to
Twenty (20) years of reclusion temporal, as maximum, and to indemnify the
complainant Atty. Leonardo Jose the amount of P150,000.00; Crim. Case No.
260-84 where she is sentenced to undergo imprisonment of, from Eight (8)
years and One (1) day of prision mayor, as minimum, to Seventeen (17)
years of reclusion temporal, as maximum, and to indemnify the complainant
Atty. Leonardo Jose the amount of P95,000.00; Crim. Case No. 261-84
where she is sentenced to undergo imprisonment of, from Twelve (12) years
and One (1) day of reclusion temporal, as minimum, to Twenty (20) years of
reclusion temporal, as maximum, and to indemnify the complainant Atty.
Leonardo Jose the amount of P562,000.00; Crim. Case No. 378-84 where she
is sentenced to undergo imprisonment of, from Twelve (12) years and One
(1) day of reclusion temporal, as minimum, to Twenty (20) years of reclusion
temporal, as maximum, and to indemnify the complainant Atty. Leonardo
Jose the amount of P200,000.00 and to pay the costs.
Likewise, accused Manuel Isip is acquitted in Crim. Cases Nos. 256-84, 25784, 260-84, 261-84 and 378-84. However, in Crim. Case No. 136-84, he is
hereby found guilty of Estafa and he is hereby sentenced to undergo
imprisonment of, from Twelve (12) years and One (1) day of reclusion
temporal, as minimum, to Twenty (20) years of reclusion temporal, as
-I-
Before the Court of Appeals could have decided the case, Marietta Isip died
thereby extinguishing her criminal and civil liability, if any.
with banks in Manila or Makati likewise cannot lead to the conclusion that
the transactions were not entered into in Cavite City.
It is axiomatic that when it comes to credibility, the trial courts assessment
deserves great weight, and is even conclusive and binding, if not tainted with
arbitrariness or oversight of some fact or circumstance of weight and
influence. The reason is obvious. Having the full opportunity to observe
directly the witnesses deportment and manner of testifying, the trial court is
in a better position than the appellate court to evaluate properly testimonial
evidence.[19] It is to be pointed out that the findings of fact of the trial court
have been affirmed by the Court of Appeals. It is settled that when the trial
courts findings have been affirmed by the appellate court, said findings are
generally conclusive and binding upon this Court.[20] In the case at bar, we
find no compelling reason to reverse the findings of the trial court, as
affirmed by the Court of Appeals, and to apply the exception. We so hold that
there is sufficient evidence to show that the particular transaction took place
in Cavite City.
On the second issue, petitioner contends that the Court of Appeals holding
that the ring subject of Crim. Case No. 136-84 was delivered to and received
by petitioner is seriously flawed. He argues that assuming he signed the
receipt evidencing delivery of the ring, not due to the threat of prosecution
but merely to preserve his friendship with complainant, the fact remains that
there is no showing that the ring was actually delivered to him. Petitioner
insists there is no competent evidence that the ring subject of Criminal Case
No. 136-84 was ever actually received by, or delivered to, him.
We find his contentions untenable. The finding of the Court of Appeals that
petitioner received the ring subject of Criminal Case No. 136-84 is supported
by the evidence on record. The acknowledgment receipt[21] executed by
petitioner is very clear evidence that he received the ring in
question. Petitioners claim that he did not receive any ring and merely
executed said receipt in order to preserve his friendship with the complainant
deserves scant consideration.
Petitioner, an astute businessman as he is, knows the significance, import and
obligation of what he executed and signed. The following disputable
presumptions weigh heavily against petitioner, namely: (a) That a person
intends the ordinary consequences of his voluntary act; (b) That a person
takes ordinary care of his concerns; (c) That private transactions have been
fair and regular; and (d) That the ordinary course of business has been
followed [22] Thus, it is presumed that one does not sign a document without
first informing himself of its contents and consequences. We know that
petitioner understood fully well the ramification of the acknowledgment
receipt he executed. It devolves upon him then to overcome these
presumptions. We, however, find that he failed to do so. Aside from his selfserving allegation that he signed the receipt to preserve his friendship with
complainant, there is no competent evidence that would rebut said
presumptions. It is clear from the evidence that petitioner signed the
acknowledgment receipt when he received the ring from complainant
in Cavite City.
Petitioners argument that he did not receive the subject ring [23] is further
belied by the testimony of his wife when the latter testified that said ring was
borrowed by him on 7 March 1984.[24] In all, the delivery of the ring and the
transaction regarding the same occurred in Cavite City.
Anent the third issue, petitioner argues that, assuming gratia argumenti that
any criminal liability was incurred by petitioner respecting the ring subject of
Criminal Case No. 136-84, the same was incipient, at best, and was
effectively extinguished by novation. The personal and real properties
delivered/conveyed to complainant were more than sufficient to cover or
offset whatever balance remained of the obligations incurred as shown by the
fact that complainant executed Affidavits of Desistance and caused the
dismissal of some of the cases filed. He maintains that the Court of Appeals
did not apply the rule of novation as regards the ring subject of Criminal
Case No. 136-84 because it rejected his denial of receipt of said ring and his
claim that he signed the receipt supposedly covering the same under threat of
prosecution and merely to preserve their good relations. He claims the Court
should not have denied the application of the rule of novation on said case
because the rejected initial claim (that he did not receive the ring and that he
signed the receipt to preserve their good relations) was but an alternative
defense and its rejection is not a reason to deny the application of the
novation rule in said case.
obligation involving the duty to deliver, or to return, the same; (2) the
offender misappropriates or converts such money or property or denies
receiving such money or property; (3) the misappropriation or conversion or
denial is to the prejudice of another; and (4) the offended party demands that
the offender return the money or property.[28] All these are present in this
case. Petitioner received from complainant a seven-carat diamond (mens
ring), valued at P200,000.00, for the purpose of selling the same on
commission basis and to deliver the proceeds of the sale thereof or return the
jewelry if not sold. Petitioner misappropriated or converted said ring for his
own benefit and even denied receiving the same. Despite repeated demands
from complainant, petitioner failed to return the ring or the proceeds of the
sale thereof causing damage and prejudice to complainant in the amount
of P200,000.00.
As to the penalty imposed by the Court of Appeals on petitioner, we find the
same to be in order.
WHEREFORE, the decision and amended decision of the Court of Appeals
in CA-G.R. No. 21275 dated 26 October 2004 dated 26 October 2005,
respectively, are AFFIRMED.
KAPUNAN, J.:p
Petitioner Wenefredo Calme appeals from the decision of the Court of
Appeals in CA-G.R. SP No. 28883 dated 10 December 1993 and its
resolution dated 14 July 1994 upholding the jurisdiction of the Regional Trial
Court, Branch 12, Oroquieta City over the information for murder filed
against him (Calme).
Petitioner and four other persons were accused of killing Edgardo Bernal by
allegedly throwing him overboard the M/V "Cebu City," an interisland
passenger ship owned and operated by William Lines, Inc., while the vessel
was sailing from Ozamis City to Cebu City on the night of 12 May 1991.
Petitioner impugned the Oroquieta RTC's jurisdiction over the offense
charged through a motion to quash which, however, was denied by Judge
Celso Conol of RTC, Branch 12, Oroquieta City. Petitioner Calme's petition
for certiorari and prohibition was denied due course and dismissed by the
Court of Appeals in its decision dated 10 December 1993. Petitioner's motion
for reconsideration of said decision was denied in the Court of Appeals's
resolution 14 July 1994. Hence, the present appeal wherein the only issue for
resolution is whether or not the Oroquieta court has jurisdiction over the
offense charged against petitioner.
Petitioner asserts that, although the alleged crime took place while the vessel
was in transit, the general rule laid down in par. (a) of Sec. 15 (now Section
14), Rule 110 of the Revised Rules of Court is the applicable provision in
determining the proper venue and jurisdiction and not Sec. 15(c) (now
Section 14) thereof since the exact location where the alleged crime occurred
was known. 1
Petitioner thus claims that the proper venue is Siquijor because, according to
the Marine Protest filed by the vessel's captain, Elmer Magallanes, the ship
was 8.0 miles off Minalonan Point, Siquijor Island, when he (Capt.
Magallanes) received the report that "a passenger jumped overboard." 2
Petitioner's contention is unmeritorious. The exact location where the alleged
offense was committed was not duly established. The Marine protest simply
adverted that the vessel was within the waters of Siquijor Island when the
captain was informed 3 of the incident, which does not necessarily prove that
the alleged murder took place in the same area. In any case, where the crime
was actually committed is immaterial since it is undisputed that it occurred
while the vessel was in transit. "In transit" simply means "on the way or
passage; while passing from one person or place to another. In the course of
transportation." 4 Hence, undoubtedly, the applicable provision is par. (c) of
Sec. 15 (now Section 14), Rule 110 which provides that "(w)here an offense
is committed on board a vessel in the course of its voyage, the criminal
action may be instituted and tried in the proper court of the first port of entry
or of any municipality or territory through which the vessel passed during
such voyage subject to the generally accepted principles of international
law."
Petitioner further contends that even if Sec. 15(c), Rule 110 governs,
Oroquieta City would still be excluded as a proper venue because the
reckoning point for determining the venue under the aforementioned
paragraph is the first port of entry or the municipalities/territories through
which the ship passed after the discovery of the crime, relying on Act No.
400. 5
We disagree. Obviously, Act No. 400 was amended by Sec. 15(c), Rule 110
of the Revised Rules of Court in that under the former law, jurisdiction was
conferred to the CFI of any province into which the ship or water craft upon
which the crime or offense was committed shall come after the commission
thereof, while the present rule provides that jurisdiction is vested "in the
proper court of the first port of entry or of any municipality or territory
through which the vessel passed during such voyage . . . ." This is the
applicable provision and since it does not contain any qualification, we do
not qualify the same. We fully concur with the findings of the Court of
Appeals, thus:
To support his arguments, petitioner relies on Act 400, which according to
him is the spirit behind the present Sec. 15(c), Rule 110. The said Act
specifically provides, among other things, that for crimes committed within
the navigable waters of the Philippine Archipelago, on board a ship or water
craft of Philippine registry, jurisdiction may be exercised by the Court of
First Instance in any province in which the vessel shall come after the
commission of the crime.
Petitioner's reliance on Act 400 is erroneous. The provision of said Act
vesting jurisdiction in the province where the vessel shall come after the
commission of the crime is not carried in the present Rule.
xxx xxx xxx
It is a basic rule in statutory construction that where the provisions of the law
or rule is clear and unequivocal, its meaning must be determined from the
language employed. It must be given its literal meaning and applied without
attempted interpretation (Globe Mackay Cable and Radio Corp. vs. NLRC,
206 SCRA [7]01; Pascual vs. Pascual-Bautista, 207 SCRA 561).
The words of Sec. 15(c) being clear, there is no reason to rely on Act 400 in
determining its true meaning, regardless of whether said Act was indeed the
moving spirit behind it. In fact, it does not seem that
the provision of Act 400 was carried into the present rule, as it is now
worded. 6
IN VIEW OF THE FOREGOING, the petition for review is hereby
DENIED.
kidnapping case the accused was sentenced to reclusion perpetua and to pay
the costs, while in the highway robbery he was sentenced to an indeterminate
prison term from ten (10) years and one (1) day of prision mayor as
minimum to thirteen (13) years and two (2) months of reclusion temporal as
maximum, with the accessory penalties prescribed by law, to pay
complainant the value of the pair of earrings and to pay the costs. [1]
The evidence shows that at about eleven-forty in the morning of 17 March
1993 Leah Marie Jordan y Villato, a 10-year old student, was waiting for her
younger sister outside the premises of St. Jude School in Malinta,
Valenzuela. There she was approached by Danilo Panlilio who inquired if she
knew a certain Aling Rosa. After she replied that she did not know her and
that she was only there to fetch her younger sister, Danilo suddenly poked a
knife, which was concealed inside a hat, at the right side of her neck, handed
her an empty cigarette pack with a note and ordered her to give it to Aling
Ester. When she told him that she did not know where to find Aling Ester, he
said that he would lead her to the place where Aling Ester could be found.
While Danilo and Leah Marie were walking side by side the former
continued to poke his knife at the latters neck. He told her to be quiet
otherwise he would kill her. Then they both boarded a passenger jeepney
with the knife still effectively serving as a contrivance to keep her
mute. Aside from the driver they were the only passengers on board the
jeepney. While in the jeepney Danilo forcibly took Leah Maries pair of
earrings.
Upon reaching Navotas Danilo and Leah Marie alighted from the
jeepney. He dragged her towards a vacant lot where, according to him, every
girl he brought there was made to choose between rape and death. Upon
hearing this, she struggled hard to free herself from his hold. Luckily, at this
juncture, she saw policemen coming towards their direction so she shouted
for help. One of the policemen fired a warning shot which prompted Danilo
to run away. The policemen pursued him until they caught up with him and
brought him together with Leah Marie to the Navotas Police Station for
investigation.
Meanwhile, policemen from Valenzuela went to the house of Leah and
informed her parents that their daughter was in the Navotas Police
Station. The couple then rushed to the Station where they saw Leah and
brought her to the Valenzuela Police Station to file a complaint against
Panlilio. The mother of Leah noticed that the earrings of Leah were
missing. When asked about her earrings Leah told her mother that Panlilio
forcibly took them from her.
The version of the appellant is that on the day of the incident he left his
residence at Barrio Magdaragat, Tondo, Manila, at past ten oclock in the
morning to go to Waywan Missionary atSan Rafael Village,
Tondo, Manila. However he defecated first on a vacant lot in Navotas before
proceeding. Then he saw a young girl in the area and warned her not to pass
through the garbage because she might sink. It was at this point when
policemen arrived and readily accused him of being the rapist in the area.
The accused contends in this appeal that the trial court erred (1) in not
dismissing the case for highway robbery on the ground of lack of
jurisdiction; and, (2) in finding that for the crimes charged his guilt has been
proved beyond reasonable doubt.
Appellant argues that the robbery, according to the complaining witness
herself, was perpetrated in Navotas[2] so that the Regional Trial Court of
Valenzuela has no jurisdiction over the case. He also claims that the
prosecution failed to present evidence that she indeed owned any pair of
earrings. It is his thesis that it is simply incredible that a knife was
continually poked at her neck all the way from St. Jude School in Malinta to
Navotas for an hour or so without anyone noticing, otherwise, she could have
shouted and asked for help; but she did not.Furthermore, he claims that Leah
Marie could have only been coached into testifying that she was alone
outside the school premises in a feeble attempt to explain the puzzling
situation that nobody came to her rescue when he allegedly abducted her at
knifepoint in broad daylight during school dismissal time when parents,
guardians and others usually converge to fetch their children or wards. Under
the circumstances, we are urged to consider as more credible the version of
the defense. Section 2, par. (e), of P.D. 532 defines the crime of highway
robbery/brigandage as the seizure of any person for ransom, extortion or
other unlawful purposes, or the taking away of the property of another by
Q. And it was there in the Navotas area when he told you to remove your
earrings?
Q. When you were already traveling from the place, is (sic) that in
Valenzuela where you boarded the jeep?
Q. Where?
Neither did Leah Marie mention the place or places where their vehicle
passed. We could have relied on the evidence that St. Jude School is in
Malinta, Valenzuela, in order to establish the fact that they also boarded the
jeepney in Valenzuela. Yet, her other testimony is damaging -
Q. So you want to impress that from St. Jude you were led by the accused to
a place where there was a passenger jeepney?
A. Yes, sir.
Q. You walked or you took a tricycle because that is the means of
transportation available in the place?
A. We did not board a tricycle. We just walked.
xxx xxx xxx
Q. And from St. Jude, how long did it take you to walk or negotiate the
distance?
A. A long time because, as a matter of fact, I got tired. [12]
From the foregoing, it would seem that the prosecution failed to establish the
precise place where the highway robbery was supposedly committed other
than Navotas. Hence, we agree with the defense that the Regional Trial Court
of Valenzuela had no jurisdiction over the offense of highway robbery,
although based on a different ground.
Q. You want to impress the Court that you boarded a passenger jeepney and
you do not know the place where you boarded the jeep?
As regards the charge of kidnapping, Art. 267 of the Revised Penal Code
provides -Art. 267. Kidnapping and serious illegal detention. - Any private
individual who shall kidnap or detain another, or in any other manner deprive
him of his liberty, shall suffer the penalty of reclusion perpetua to death:
A. No, sir.[10]
1. If the kidnapping or detention shall have lasted more than five days.
probable that she arrived there too early or way beyond dismissal
time. Anyway, it is clear that the arguments raised by accused-appellant
pertain to the credibility of the complainant, and the appraisal by the trial
court of her credibility is entitled to great respect from the appellate courts
which do not deal with live witnesses but only with the cold pages of a
written record.[16] Hence the appellants denial and alibi were properly
rejected by the court a quo.
They were inherently weak and could not prevail over the positive testimony
of complainant that the accused detained her and took her earrings against
her will.[17]
WHEREFORE, the decision finding the accused-appellant Danilo Panlilio y
Francisco guilty of kidnapping in Crim. Case No. 2351-V-93 and imposing
upon him a prison term ofreclusion perpetua, and to pay the costs, is
AFFIRMED.
As regards Crim. Case No. 2352-V-93 for highway robbery, the case is
DISMISSED on the ground of lack of jurisdiction of the Regional Trial Court
of Valenzuela, without prejudice to its refiling with the court of proper
jurisdiction.