Case Digest (G.R. No. 112985)
Facts:
People of the Philippines v. Martin L. Romero and Ernesto C. Rodriguez, G.R. No. 112985, April 21, 1999, Supreme Court First Division, Pardo, J., writing for the Court. The prosecution charged Martin L. Romero (president and general manager of Surigao San Andres Industrial Development Corporation, “SAIDECOR”) and Ernesto C. Rodriguez (operations manager) with estafa under Article 315, par. 2(d) of the Revised Penal Code, as amended, in relation to Presidential Decree No. 1689 (docketed as Criminal Case No. 3808), and separately with violation of Batas Pambansa Blg. 22 (docketed as Criminal Case No. 3806). The Informations were filed October 25, 1989, in the Regional Trial Court, Butuan City. The accused pleaded not guilty on January 11, 1990.The complaint arose from a September 14, 1989 transaction in which complainant Ernesto A. Ruiz invested P150,000 in SAIDECOR after being promised an 800% return in 15 or 21 days; he received a postdated Butuan City Rural Bank check purporting to pay the investment plus profit. When presented on October 5, 1989, the check was dishonored for insufficiency of funds, as shown by the bank return slip. Prosecutorial evidence included the complainant and SAIDECOR’s collector; the defense presented only Romero as witness. Romero testified he issued the check and claimed SAIDECOR had substantial deposits, but he produced no bank officer to corroborate.
On March 30, 1993 the trial court (Regional Trial Court, Branch 2, Butuan City) rendered a Joint Judgment (dated March 25, 1993): the accused were acquitted in Criminal Case No. 3806 (B.P. 22) for reasonable doubt, but convicted in Criminal Case No. 3808 for estafa under P.D. 1689 “for wide scale swindling,” and sentenced each to life imprisonment and jointly and severally ordered to indemnify Ruiz P150,000 plus interest and P10,000 moral damages. The accused appealed; their notice of appeal was filed March 31, 1993 and briefs were filed in 1995–1996.
While the appeal was pending, co-accused Ernesto Rodriguez died (November 12, 1997). The Court no...(Pro-only)
Issues:
- Does the death of co-accused pending appeal extinguish his criminal and civil liability ex delicto?
- Did the prosecution prove beyond reasonable doubt the elements of estafa under Article 315, par. 2(d) (as amended) and PD 1689?
- Did the trial court err in failing to give effect to the parties’ joint stipulation of facts and evidence tending to show SAIDECOR’s bank balances?
- Was the imposition of life imprisonment under P.D. 1689 proper where the prosecution did not prove the existence of a syndicate?
- What civil damages, interest and p...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)