Title
Supreme Court
People vs. Go
Case
G.R. No. 191015
Decision Date
Aug 6, 2014
OCBC closed in 1998; PDIC uncovered fraudulent loans linked to Jose C. Go. Acquittal due to demurrer reversed; SC reinstated charges citing grave abuse of discretion.

Case Digest (G.R. No. 192881)
Expanded Legal Reasoning Model

Facts:

  • Background and Investigation
    • On October 14, 1998, the Bangko Sentral ng Pilipinas (BSP) closed Orient Commercial Banking Corporation (OCBC) and placed it under Philippine Deposit Insurance Corporation (PDIC) receivership.
    • As receiver, PDIC took over OCBC’s assets and liabilities and began collecting on past‐due loans by sending demand letters to listed borrowers, including “Timmy’s, Inc.” and “Asia Textile Mills, Inc.” alleging P 10 million loans each.
  • Denials and Findings
    • Representatives of Timmy’s, Inc. and Asia Textile Mills, Inc. denied any OCBC loans, claiming their signatures on loan documents were forged.
    • PDIC’s investigation showed that two manager’s checks, coded CL-484 and CL-477 (each for P 9,985,075.00), purported loan proceeds of these entities, were issued to Philippine Recyclers, Inc. and Zeta International, Inc., then deposited into respondent Jose C. Go’s OCBC savings account.
  • Criminal Proceedings
    • September 24, 1999 – PDIC filed an Estafa through Falsification of Commercial Documents complaint against respondents Go, Aida C. Dela Rosa (OCBC SVP/COO and Loan Committee member), and Felecitas D. Necomedes (OCBC Senior Manager).
    • November 22, 2000 – Informations were filed in the RTC Manila (Criminal Cases 00-187318 and 00-187319). Respondents pleaded not guilty; pretrial and trial ensued.
  • Demurrer and Acquittal
    • December 19, 2006 – RTC granted leave to file demurrer to evidence.
    • January 17, 2007 – Respondents filed Demurrer to Evidence.
    • July 2, 2007 – RTC dismissed cases and acquitted respondents for insufficiency of prosecution evidence.
    • October 19, 2007 – RTC denied the private prosecutor’s motion for reconsideration; the public prosecutor (Campanilla) did not timely move for reconsideration, raising questions on conformity.
  • Court of Appeals and Supreme Court Review
    • January 4, 2008 – Office of the Solicitor General filed petition for certiorari with CA.
    • September 30, 2009 – CA denied petition, affirmed RTC acquittal as final for failure of public prosecutor to move for reconsideration, invoking double jeopardy.
    • January 22, 2010 – CA denied reconsideration.
    • August 6, 2014 – Supreme Court promulgated decision granting petition for review on certiorari.

Issues:

  • Whether the Court of Appeals erred in ruling that:
    • The RTC committed no grave abuse of discretion in granting the demurrer to evidence.
    • The RTC’s acquittal order attained finality for lack of timely motion for reconsideration by the public prosecutor.
    • The alleged errors were errors of judgment, not jurisdiction, thus foreclosing certiorari relief.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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