Title
People vs. Aquino
Case
G.R. No. 130742
Decision Date
Jul 18, 2000
Aniceta Aquino acquitted of Estafa; SC ruled insufficient evidence of conspiracy in issuing dishonored checks for 400 sacks of rice.
estafa charges
wrongful conviction
insufficient evidence
A

Case Digest (G.R. No. 130742)

Facts:

  • Nature of the appeal
    • The case involved an appeal from the Regional Trial Court (RTC) of Kalookan City, Branch 130 decision dated August 18, 1997.
    • The RTC found accused-appellant Aniceta (“Annie”) Aquino guilty beyond reasonable doubt as co-principal of Estafa in Criminal Case No. C-43198.
    • The appeal was reviewed under G.R. No. 130742 and decided July 18, 2000.
  • Information and charge under the Revised Penal Code as amended
    • On May 6, 1993, Aniceta (“Annie”) Aquino, Primitiva S. Dizon, and Liberty Martinez were charged with Estafa under Article 315, paragraph 2(d) of the Revised Penal Code as amended by Republic Act No. 4885.
    • The information alleged that, on or about December 22, 1991, in Kalookan City, within the RTC’s jurisdiction, the accused conspired and mutually aided one another to defraud and deceive Marie Antoinette Dacuma.
    • The information alleged that the accused received four hundred (400) sacks of rice valued at P200,000.00.
    • The information alleged that payment was made through checks issued by accused Primitiva S. Dizon, namely:
      • Check No. 05410011, dated 12/23/91, Pilipinas Bank, amount P50,000.00
      • Check No. 05410013, dated 1/07/92, Pilipinas Bank, amount P50,000.00
      • Check No. 05410014, dated 12/23/91, Pilipinas Bank, amount P50,000.00
      • Check No. 05410015, dated 01/07/92, Pilipinas Bank, amount P50,000.00
    • The information alleged that at the time of issuance, the accused knew they had no sufficient funds and would not have such funds even on the dates stated on the face of the checks.
    • The information alleged dishonor upon presentment due to “ACCOUNT CLOSED”.
    • The information alleged that despite due notice as required by Republic Act No. 4885 and notwithstanding repeated demands, the accused refused and failed to make good the checks totaling P200,000.00, to the damage and prejudice of the complainant in the same amount.
    • The information concluded: “Contrary to law.”
  • Parties’ procedural situation and arrest status
    • Of the three accused, only Aniceta (“Annie”) Aquino was arrested and brought to trial.
    • Primitiva Dizon and Liberty Martinez remained at large.
    • There was unverified information that Liberty Martinez was shot to death on September 24, 1994.
  • Plea and trial evidence
    • Upon arraignment, Aniceta (“Annie”) Aquino entered a plea of not guilty.
    • During trial, the prosecution presented Marie Antoinette Dacuma as its lone witness.
    • The prosecution also submitted evidence consisting of the four checks and other documents to establish the case.
    • The defense presented Aniceta (“Annie”) Aquino as her lone witness, with her evidence mainly consisting of her testimony.
  • RTC findings and dispositive portion
    • By decision dated August 18, 1997, the RTC convicted Aniceta (“Annie”) Aquino as co-principal of Estafa under Article 315, paragraph 2(d).
    • The RTC found that there were no mitigating or aggravating circumstances.
    • The RTC sentenced her to an imprisonment of THIRTY (30) YEARS of reclusion perpetua, with accessory penalties prescribed by law.
    • The RTC ordered indemnification of the private offended party Marie Antoinette Dacuma:
      • Jointly and severally with co-accused Primitiva Dizon and Liberty Martinez
      • In the amount of TWO HUNDRED THOUSAND PESOS (P200,000.00)
      • Without subsidiary imprisonment in case of insolvency
    • The RTC ordered payment of one-third of the costs.
    • The RTC cancelled the bail bond pursuant to Sections 5 and 7, Rule 114 of the 1985 Rules on Criminal Procedure, as amended.
    • The RTC archived the case against Primitiva Dizon and Liberty Martinez, without prejudice to revival and prosecution upon apprehension.
    • The RTC required the trial prosecutor to inquire into the veracity of the report that Liberty Martinez was already dead, and if affirmative, to submit a certified copy of the death certificate.
  • RTC-cited uncontroverted evidence used to justify conviction
    • The complainant Marie Antoinette Dacuma delivered 400 sacks of rice, valued at P200,000.00 (at P500.00 per sack), to Primitiva Dizon, Liberty Martinez, and Annie Aquino on December 22, 1991, as evidenced by Delivery Receipt No. 001 (Exhibit A).
    • The RTC found that the rice was received by accused Liberty Martinez (Exhibi...(Subscriber-Only)

Issues:

  • Whether conspiracy between accused-appellant and her co-accused was proved beyond reasonable doubt
    • Whether the acts relied upon by the RTC were sufficient to establish conspiracy to defraud Marie Antoinette Dacuma through issuance of unfunded postdated checks.
    • Whether the prosecution proved that accused-appellant agreed and actively participated in the common criminal design.
  • Whether accused-appellant could be held criminally liable as co-principal of estafa under Article 315(2)(d)
    • Whether accused-appellant’s participation, limited to introduction and presence and her handling of the checks, could support liability as co-principal.
    • Whether absence of proof that accused-appellant knew of the lack or insufficiency of funds and of “Account Closed” negated elements of estafa attributable to her.
  • Whether the evidence warranted conviction or required acquittal under the presumption of innocence ...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)
Unlock Full Case Digest

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.

About Privacy Terms