Case Digest (G.R. No. 173052)
Facts:
In Sergio del Rosario, Alfonso Araneta and Benedicto del Pilar were charged before the Court of First Instance of Davao for counterfeiting Philippine treasury notes. On June 23, 1955, in the City of Davao, they met complainant Apolinario del Rosario and exhibited four genuine government notes—Exhibits C, E, G (one-peso bills) and H (a two-peso bill)—each with an altered serial digit. They represented these bills as samples of counterfeit currency they had produced and solicited P1,700.00 from the complainant to finance further forgery operations. The trial court found the accused guilty of illegal possession of falsified treasury notes under Article 168 of the Revised Penal Code and sentenced each to an indeterminate term of eight years and one day to ten years and one day of prision mayor, imposed a fine of P5,000.00 without subsidiary imprisonment, and ordered them to pay a proportionate share of costs. On appeal, the Court of Appeals affirmed the conviction but raised the max...Case Digest (G.R. No. 173052)
Facts:
- Parties
- Petitioners: Sergio del Rosario, Alfonso Araneta, Benedicto del Pilar
- Respondent: The People of the Philippines; Complainant: Apolinario del Rosario
- Procedural History
- Trial (Court of First Instance of Davao): Petitioners convicted of illegal possession of forged treasury notes; sentenced to indeterminate penalty of 8 years and 1 day to 10 years and 1 day prision mayor, P5,000 fine, costs.
- Appeal (Court of Appeals): Judgment affirmed except maximum penalty increased to 10 years, 8 months and 1 day prision mayor.
- Supreme Court Appeal: Sergio del Rosario petitions by certiorari.
- Underlying Facts
- On June 23, 1955, in Davao, petitioners showed Apolinario genuine Philippine treasury notes (Exhibits C, E, G – P1 bills; Exhibit H – P2 bill) with altered serial digits, inducing belief they were counterfeit.
- Petitioners obtained ₱1,700 from Apolinario to finance manufacture of more counterfeit notes.
- Specific alterations:
- Exhibit C (Serial No. F-79692619): last digit “9” changed to “0.”
- Exhibit E (Serial No. F-79692691): penultimate digit “9” altered.
- Exhibit G (Serial No. D-716326): last digit “6” altered.
- Exhibit H (Serial No. D-716329): last digit “9” altered.
Issues:
- Does possession of genuine treasury notes with erased or altered digits constitute illegal possession under Article 168 of the Revised Penal Code?
- Can possession of genuine government notes ever be unlawful if they have been altered?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)