Title
People vs. Co Pao
Case
G.R. No. 38329
Decision Date
Oct 10, 1933
A defendant is found guilty of using counterfeit bank notes in two separate transactions, leading to a sentence of two years, four months, and one day of prision correccional, a fine, and indemnification of the victim.
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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

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