Case Digest (G.R. No. 117512)
Facts:
Rebecca Ala-Martin v. Hon. Justo M. Sultan, G.R. No. 117512, October 02, 2001, Supreme Court Third Division, Sandoval‑Gutierrez, J., writing for the Court. The petition for certiorari sought to annul the Regional Trial Court (RTC), Branch 98, Quezon City decision in Criminal Case No. Q‑92‑30266, People of the Philippines v. Marilene D. Ala, et al., involving estafa under Article 315(1)(b) of the Revised Penal Code.Petitioner Rebecca Ala‑Martin alleged that in December 1986 she authorized her brother, Atty. Oscar Ala, as her attorney‑in‑fact to withdraw funds from her Hongkong and Shanghai Banking Corporation dollar savings account for payment of amortizations on a residential lot; Atty. Ala proposed transferring the dollars to Prudential Bank, where his wife Marilene D. Ala and his sister Susan Ala‑Quimbo were employed. Rebecca later learned (February 1987) that the funds ($19,245.20, about P500,500 at the time) were not deposited at Prudential. What occurred, as alleged, was that Atty. Ala withdrew the funds by bank draft, delivered them to his wife Marilene, who passed them to her sister Susan to deposit; instead, Susan and Marilene entrusted the draft to Josefina Rey, an employee of China Banking Corporation, to earn higher interest, and Rey absconded with the money.
Spouses Manuel and Susan Quimbo filed criminal and civil actions against Rey. Believing that Atty. Oscar Ala, Marilene Ala and Susan Ala‑Quimbo conspired to appropriate her money, Rebecca (through her sister Atty. Leticia Ala) demanded restitution; when refused she filed Criminal Case No. Q‑92‑30266 for estafa against Atty. Oscar Ala, Marilene Ala and Susan Ala‑Quimbo. The accused were arraigned and tried.
At trial the prosecution moved to reverse the order of trial and the court granted it, directing the defense to present evidence first; the court based this on certain Joint Counter Affidavits by the Quimbos and by spouses Oscar and Marilene (marked Exhibits “C” and “B”). The defense filed a demurrer to evidence which was denied. On March 3, 1993 the defense waived presentation of evidence; the private prosecutor then stated intention to present evidence on the defendants’ civil liability, and on April 12, 1993 the court allowed the prosecution to prove civil liability. Rebecca testified and the prosecution offered Exhibits “A” (a certification of Manuel Quimbo undertaking to pay), “B” (Joint Counter Affidavit of Oscar and Marilene Ala) and “C” (Joint Counter Affidavit of Manuel and Susan Quimbo); these were admitted by the trial court on June 10, 1993. The defense later offered Exhibit “A” as its own exhibit, noting its conditional undertaking to pay only if they recovered from actions against Rey.
On September 27, 1994 the RTC rendered a judgment acquitting Susan Quimbo, Marilene D. Ala and Atty. Manuel S. Quimbo (acquitted on reasonable doubt) but held them civilly liable to Rebecca for $19,250.21 (or peso equivalent) with 12% interest and directed payment out of proceeds from recovery against Josefina Rey. Rebecca fi...(Subscriber-Only)
Issues:
- Did the RTC commit grave abuse of discretion amounting to lack or excess of jurisdiction in acquitting the accused?
- May the court properly rely upon the Joint Counter Affidavits (Exhibits “B” and “C”) as judicial admissions despite the prosecution’s failure to formally offer them durin...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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