Title
Desmoparan vs. People
Case
G.R. No. 233598
Decision Date
Mar 27, 2019
Juvy Desmoparan falsified documents, misrepresented identity, and defrauded a cooperative of P40,000, leading to conviction for estafa through falsification. Penalty modified under RA 10951.
A

Case Digest (G.R. No. 268891)

Facts:

  • Loan application and falsification
    • On February 27, 2012, petitioner Juvy Desmoparan, a.k.a. “Masyador,” applied for a P105,000 salary loan at Cebu CFI Community Cooperative–Dumaguete Branch, misrepresenting himself as “Rodulfo M. Cordura,” an employee of the City Engineer’s Office.
    • To support the application, he submitted multiple documents bearing Cordura’s name but Desmoparan’s photo and signature, namely:
      • Application for membership form of CFI
      • Special power of attorney coupled with interest
      • Deed of assignment
      • Certification from the City Human Resource Office
      • Certificate of employment from the City Human Resource Office
      • Service record signed by Henrietta N. Zerna
      • Promissory note dated February 27, 2012
    • Using the falsified documents and a forged I.D. bearing Cordura’s name, Desmoparan obtained cash advances of P20,000 on March 2, P10,000 on March 9, and P10,000 on March 10, 2012, signing Cordura’s name on all vouchers.
  • Discovery and preliminary investigation
    • On March 16, 2012, the real Rodulfo Cordura learned of the loan application when he received a billing statement; he denied applying for any loan or joining CFI and requested withholding of the remaining P69,000 check.
    • Branch manager Arden Sinco and staff apprehended Efrain Baena Mercado using another alias for a similar scheme; Mercado implicated Desmoparan as the recruiter and described seeing numerous forged CFI documents and signature imitations.
  • Criminal proceedings and appeals
    • Desmoparan was charged with estafa through falsification of commercial documents, arraigned, and pleaded not guilty. The prosecution presented five witnesses; the petitioner offered no testimonial evidence.
    • On November 6, 2015, the RTC of Negros Oriental convicted him of estafa through falsification of commercial documents, sentencing him to an indeterminate term of 4 years and 2 months to 9 years of imprisonment and ordering him to pay P40,000 with 6% interest from filing.
    • On March 14, 2017, the Court of Appeals denied his appeal but modified the indeterminate penalty to 4 years of prision correccional as minimum to 7 years, 8 months and 21 days of prision mayor as maximum, and upheld P40,000 plus 6% interest.
    • The CA denied his motion for reconsideration on July 20, 2017. Desmoparan filed a petition for review on certiorari before the Supreme Court, contending failure of proof beyond reasonable doubt.

Issues:

  • Whether the Court of Appeals erred in convicting petitioner despite the alleged failure of the prosecution to prove his guilt beyond reasonable doubt.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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