Title
Lim vs. People
Case
G.R. No. 226590
Decision Date
Apr 23, 2018
Siblings accused of falsifying a Secretary's Certificate to sell company land after their father's death; charges dismissed due to prescription.

Case Digest (G.R. No. 226590)
Expanded Legal Reasoning Model

Facts:

  • Parties and Roles
    • Petitioners: Shirley T. Lim (Corporate Secretary), Mary T. Lim-Leon, and Jimmy T. Lim, siblings and officers of Pentel Merchandising Co., Inc. (“Pentel”).
    • Respondent: People of the Philippines, represented by private prosecutor Lucy Lim and the Manila City Prosecutor’s Office.
  • Factual Antecedents
    • Death of corporate founder: Quintin C. Lim died on September 16, 1996.
    • Allegation of falsification: In an Affidavit of Complaint dated September 21, 2010, Lucy Lim alleged that petitioners falsified a Secretary’s Certificate dated February 29, 2000, which contained Pentel Board Resolution 2000-001 dated February 25, 2000, authorizing Jimmy to sell a Pasay City property registered under TCT No. 129824.
  • Transaction and Registration
    • Deed of Absolute Sale: Jimmy, purportedly under the authority of the falsified Secretary’s Certificate, executed a Deed of Absolute Sale on March 21, 2000, conveying the subject property to Spouses Emerson and Doris Lee.
    • Title transfer and registry records: On March 29, 2000, TCT No. 129824 was cancelled; in lieu thereof, TCT No. 142595 was issued in favor of the Spouses Lee. The Records Officer of the Pasay City Registry of Deeds so testified.
  • Procedural History
    • MeTC (April 29, 2014): Convicted petitioners of falsification of a public document (Art. 172, RPC), acquitted Spouses Lee; sentenced to prision correccional (2y4m–4y9m11d) and fine.
    • RTC (November 27, 2014): Denied appeal, affirmed MeTC decision in toto; denied reconsideration (Feb 16, 2015).
    • CA (April 22, 2016; mod. August 17, 2016): Denied petition for review, modified penalty under Indeterminate Sentence Law to 2y4m–4y9m10d prision correccional; denied reconsideration.
    • Supreme Court Rule 45 petition: Filed by petitioners, raising same arguments and, for the first time on appeal, prescription of the offense.

Issues:

  • Whether the petitioners were properly charged and convicted for falsification of a public document under Article 172 of the Revised Penal Code.
  • Whether the crime of falsification of a public document had already prescribed at the time the Information was filed.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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