Case Digest (G.R. No. 211153)
Facts:
In Anthony De Silva Cruz v. People of the Philippines (G.R. No. 210266, June 7, 2017), petitioner Cruz was charged under Republic Act No. 8484 (the Access Devices Regulation Act of 1998) with possession and use of a counterfeit Citibank Visa credit card (No. 4539 7207 8677 7008) on April 18, 2006 at Duty Free Fiesta Mall in Parañaque City. According to cashier Danilo Wong, Cruz first attempted to buy Calvin Klein perfume worth US$96 using the suspiciously misaligned card. Shortly thereafter, cashier Ana Margarita Lim facilitated Cruz’s purchase of Ferragamo shoes worth US$363, noting that the card’s last four digits were improperly embossed and its validity date postdated the transaction. Citibank’s Fraud Risk Management Division confirmed the card was counterfeit and that the genuine card belonged to one Jessamine Bongat. Security detained Cruz when he tried to flee with an associate and eventually turned him over to the PNP-CIDG along with the card. After arraignment on OctobeCase Digest (G.R. No. 211153)
Facts:
- Criminal Information and Charges
- On April 18, 2006, in Parañaque City, Anthony De Silva Cruz was charged in three Informations for violation of Section 9(a) and (e) of Republic Act No. 8484 (Access Devices Regulation Act of 1998):
- Criminal Case No. 06-0479 – Possession of counterfeit Citibank Visa card no. 4539-7207-8677-7008.
- Criminal Case No. 06-0480 – Use of same counterfeit card to buy Ferragamo shoes worth US$363.00.
- Criminal Case No. 06-0481 – Use of same counterfeit card to buy two bottles of perfume worth US$96.00.
- Cruz pleaded not guilty on arraignment (Oct. 17, 2006) and trial ensued.
- Prosecution Evidence
- Cashier Danilo Wong testified on the perfume purchase: card approved despite misaligned numbers.
- Cashier Ana Margarita Lim testified on the Ferragamo purchase: card bore name “Gerry Santos,” last four digits not embossed, validity date future-dated; verification by Citibank’s Fraud Risk Management head confirmed counterfeiting.
- Security supervisor Redentor Quejada and PNP-CIDG detained Cruz; Citibank Visa card was turned over as evidence.
- Citibank’s Gerardo T. Santos testified the card number belonged to a genuine cardholder, had been used fraudulently before, and the physical card was counterfeit.
- Trial Court and Appellate Proceedings
- RTC Branch 274 denied Cruz’s Demurrer to Evidence (Aug. 6, 2009), ruled card receipts properly identified and card admissible as part of pre-marked Exhibit F.
- During trial, Cruz waived defense presentation.
- RTC (May 5, 2010) convicted Cruz in Cases 06-0479 and 06-0480, acquitted in 06-0481; imposed indeterminate sentences and fines.
- CA (July 4, 2013) affirmed convictions with penalty modifications; denied Cruz’s motion for reconsideration (Nov. 26, 2013).
- Cruz filed Petition for Review on Certiorari before the Supreme Court.
Issues:
- Whether the prosecution proved beyond reasonable doubt that Cruz violated Section 9(a) and (e) of RA 8484, and whether the counterfeit access device was admissible despite not being pre-marked at pre-trial.
- Whether Cruz is bound by alleged negligence of his former counsel in failing to present evidence, cross-examine witnesses, and attend hearings.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)