Title
De la Concepcion y Pulong vs. People
Case
G.R. No. 73854
Decision Date
May 9, 1989
A clerk altered a check, leading to estafa charges; circumstantial evidence proved conspiracy, resulting in conviction and reimbursement to the Quezon City Treasurer's Office.
estafa
falsification of commercial document
conspiracy
A

Case Digest (G.R. No. 73854)

Facts:

  • Transaction Involving Teresita Genese and Angeles Factora
    • On March 8, 1983, Teresita Genese, a revenue collection clerk of the Quezon City Treasurer’s Office, persistently requested a loan of ₱26,250.00 from Angeles Factora, a senior revenue collection officer of the same office.
    • Factora, relying on Genese’s assurance that the amount would be repaid on the same day, released the funds from the day’s tax collections.
    • In the afternoon, Genese returned the borrowed amount in the form of a cashier’s check instead of cash.
    • The check, along with other tax collections, was deposited with the Philippine National Bank (PNB) but later dishonored when the drawee bank, Manila Banking Corporation (Manilabank), discovered that its payee had been altered.
  • Manilabank Clerk’s Handling of Documents and Checks
    • On December 17, 1982, petitioner Jose de la Concepcion, Jr., employed as a registration clerk at Manilabank’s main office, received from the bank’s legal department:
      • A deed of sale of a real estate property in favor of Carled Development Corporation (CARLED).
      • A deed of real estate mortgage over the same property executed by CARLED in favor of Manilabank.
      • Three cashier’s checks, one of which (Check No. CC-998922) was drawn against Manilabank and payable to the Municipal Treasurer of Makati for the transfer tax.
    • On January 4, 1983, petitioner returned these documents to the bank, asserting that his duties had been accomplished.
    • By July 1983, CARLED complained about the non-payment of the transfer tax, which led to the revelation that the check had been altered—its payee’s name had been changed from “Municipal Treasurer of Makati” to “Municipal Treasurer of Quezon City.”
    • The altered check surfaced at the Quezon City Treasurer’s Office, was later deposited with PNB, and subsequently dishonored due to the “stop payment” order issued by Manila Banking Corporation.
  • Criminal Investigation and Charges
    • Subsequent to separate investigations conducted by Manilabank, the Quezon City Treasurer’s Office, the Quezon City Police, and the Tanodbayan, a criminal information was filed with the Sandiganbayan charging:
      • Teresita Genese, revenue collection clerk.
      • Isagani Alinea, revenue assessment clerk.
      • Petitioner Jose de la Concepcion, Jr.
    • The charge stated that on or about March 8, 1983, the accused, by means of deceit and falsification of a commercial document, conspired to defraud the Quezon City Treasurer’s Office by altering a cashier’s check and misappropriating ₱26,250.00.
    • During separate arraignments, both Genese and petitioner pleaded not guilty; however, Genese later jumped bail, and Alinea evaded arraignment.
  • Evidence and Testimonies Presented at Trial
    • Prosecution testimony by witness Angeles Factora:
      • Testified that Genese borrowed the ₱26,250.00 and, later that day, returned the amount by presenting a check.
    • Corroboration by witness Purita Garcia:
      • Confirmed witnessing Genese turn over the same check and identified it as the one later designated Exhibit “C”.
    • Testimony by Manuel Dominguez, Senior Legal Officer of the Quezon City Treasurer’s Office:
      • Indicated that accused Alinea had confessed about the scheme, describing it as “the work of a syndicate.”
    • Testimonies by other treasury employees:
      • Supported the existence of irregularities including rumors of a wider syndicate involvement.
    • Petitioner’s version (unbacked by corroborative evidence):
      • Claimed that he had entrusted the documents and the check to an acquaintance known as “Peter” to facilitate the registration and tax payment due to a heavy workload at the Register of Deeds of Makati.
      • Described procedural delays and claimed his delegation was an exceptional measure.
    • Documentary evidence:
      • Duplicate copies of the check, retained by Manilabank’s loans and discount department, were discovered to have been altered similarly.
      • A real estate mortgage bearing a printed certification of registration that was inconsistent with its geographic location (Makati vs. Quezon City) further underscored irregularities.
  • Additional Circumstantial Evidence
    • Petitioner admitted to having made phone calls to the bank to change the payee from “Municipal Treasurer of Makati” to “Municipal Treasurer of Quezon City.”
    • The deposit of ₱26,250.00 by petitioner to cover potential damages imposed by the bank was seen as an acknowledgment of the irregularity.
    • Inconsistencies in petitioner’s timeline and delays (e.g., the 18-day lapse before returning the documents) further fueled suspicions about his involvement in the falsification scheme.

Issues:

  • Whether the petitioner’s participation in the alleged conspiracy to defraud the Quezon City Treasurer’s Office through the alteration of a commercial document was established beyond reasonable doubt.
  • Whether the circumstantial evidence presented before the court, when viewed in its entirety, is sufficient to convict the petitioner of the crime of estafa through falsification of a commercial document.
  • Whether the alleged actions of petitioner, including the unauthorized delegation of his exclusive responsibilities as a registration clerk and his admission to altering the payee’s name on the check, adequately satisfy the elements of the complex offense charged.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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