Case Digest (G.R. No. 38329)
Facts:
- The case "People vs. Co Pao" (G.R. No. 38329) was decided by the Supreme Court of the Philippine Islands on October 10, 1933.
- The plaintiff-appellee was the People of the Philippine Islands, while the defendant-appellant was Co Pao, also known as Jose R. Mateo and Ong Bun.
- The events took place in Manila at Cheng Dy's store on Lavezares Street.
- On August 3, 1933, Co Pao purchased pork and eggs worth 30 centavos using a counterfeit ten-peso note (Exhibit A).
- Cheng Dy accepted the counterfeit note and provided Co Pao with 9.70 pesos in change.
- On August 5, 1933, Co Pao returned to the store, made another purchase for 50 centavos, and again used a counterfeit ten-peso note, receiving 9.50 pesos in change.
- Cheng Dy discovered the second note was counterfeit when attempting to exchange it and reported the incident to the police.
- Co Pao was arrested but denied any involvement with counterfeit notes, despite being found with legitimate currency.
- The Court of First Instance of Manila, presided over by Judge Francisco Santamaria, convicted Co Pao of violating Article 168 of the Revised Penal Code, sentencing him to two years, four months, and one day of prision correccional, a fine of P1,000, and ordering him to indemnify Cheng Dy for P19.20.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the lower court's decision, upholding Co Pao's guilt for violating Article 168 of the Revised Penal Code.
- The court found the evidence sufficient to support the conviction, confirming that Co Pao knowingly used counterfeit bank notes in two transactions.
- The court modified the penalty, in...(Unlock)
Ratio:
- The ruling emphasized that the burden of proof lies with the defendant to explain their ...continue reading
Case Digest (G.R. No. 38329)
Facts:
The case "People vs. Co Pao" (G.R. No. 38329) was adjudicated by the Supreme Court of the Philippine Islands on October 10, 1933. The plaintiff-appellee was the People of the Philippine Islands, and the defendant-appellant was Co Pao, who was also known by various aliases, including Jose R. Mateo and Ong Bun. The events that led to this case transpired in Manila, specifically at Cheng Dy's store located on Lavezares Street. On the night of August 3, 1933, Co Pao purchased pork and eggs valued at 30 centavos, using a counterfeit ten-peso note (Exhibit A) for payment. Cheng Dy, the store owner, unknowingly accepted the counterfeit note and provided Co Pao with 9.70 pesos in change. Subsequently, on August 5, 1933, Co Pao returned to the same store and made another purchase of 50 centavos, again using a counterfeit ten-peso note, for which he received 9.50 pesos in change. When Cheng Dy later attempted to exchange the second counterfeit note, he discovered its fraudulent nature and reported the incident to the police. Co Pao was arrested and found in possession of legitimate currency, denying any involvement with counterfeit notes. The Court of First Instance of Manila, under Judge Francisco Santamaria, found Co Pao guilty of violating Article 168 of the Revised Penal Code. He was sentenced to two years, four months, and one day of prision correccional, a fine of P1,000, and was ordered to indemnify Cheng Dy for P19.20.
Issue:
- Did the ...