G.R. No. 106357 - People vs. Balasa

On July 6, 1989, Panata Foundation of the Philippines, Inc. was registered with the SEC as a non-stock, non-profit corporation. Its incorporators included Priscilla Balasa, Normita Visaya, Guillermo Francisco, Norma Francisco, and Analina Francisco among others.
Management positions were held by Priscilla Balasa (president/general manager), Normita Visaya (corporate secretary and head comptroller), Norma Francisco (cashier), Guillermo Francisco (disbursing officer), and Analina Francisco (treasurer and typist).
The foundation’s stated purposes were charitable: economic upliftment, self-help promotion, educational assistance, anti-drug campaigns, acquiring necessary facilities, cooperation with similar organizations, and organizing seminars.
The foundation immediately began operations, soliciting deposits from the public with promises that investment would double after 21 days or triple after 30 days.
The modus operandi involved issuance of "slots" to depositors for their invested amounts, with control numbers and teller stamps validating claims.
Deposit limits were set at P5,000, with deposits above that amount divided among other persons’ names.
Deposited money was deposited in banks under joint accounts in Priscilla Balasa’s and Norma Francisco’s names.
Early investors received promised returns, encouraging reinvestment and recruitment of more depositors, resulting in an expanding scheme.

On November 29, 1989, the foundation failed to open, and investors were not paid on maturity. Attempts to resume operations failed.
Numerous complaints were filed charging estafa under PD No. 1689 against Priscilla Balasa, Normita Visaya, Guillermo Francisco, Norma Francisco, Analina Francisco, and other incorporators and employees.
Arrest warrants were issued; only five accused were apprehended; others fled or remain at large.
The accused denied liability; Guillermo and Norma Francisco testified about their limited or no involvement.
Analina Francisco, a deaf-mute, was not called to testify due to lack of a competent interpreter.

The Regional Trial Courts of Palawan Branch 50 and Branch 52 found the accused guilty of estafa committed by a syndicate under PD No. 1689.
Sentences of reclusion perpetua were imposed along with orders of restitution and moral damages to victims.
Analina Francisco was acquitted due to reasonable doubt regarding her complicity.
Appeals were filed by Guillermo and Norma Francisco, and other accused. Normita Visaya’s appeal was dismissed due to abandonment after escape from custody; Priscilla Balasa’s conviction was deemed final and executory due to escape.

Whether the prosecution established the elements of estafa under PD No. 1689 beyond reasonable doubt.
Whether conspiracy existed among the accused in committing the crime.
Whether appellant Guillermo Francisco’s lack of status as incorporator exempts him from liability.
Whether appellant Analina Francisco’s deaf-muteness excuses her liability.
Whether double jeopardy applies to appellant Guillermo and Norma Francisco in multiple cases filed against them.
Whether appellants can be convicted under PD No. 1689 when the informations allege prejudice to individual complainants and not to the national or local economy.
Whether the penalty of reclusion perpetua was properly imposed or if life imprisonment should have been imposed.