Facts:

• Hilario P. Soriano was the president of the Rural Bank of San Miguel (Bulacan), Inc. (RBSM).
• In 2000, the Office of Special Investigation (OSI) of the Bangko Sentral ng Pilipinas (BSP) sent a letter to the DOJ's Chief State Prosecutor dated March 27, 2000.
• The letter included five affidavits alleging Soriano facilitated and received proceeds of an unauthorized P8 million loan, not applied for or received by supposed borrowers Enrico and Amalia Carlos.
• The loan was unauthorized by RBSM's Board of Directors and was not reported to the BSP.
• Following a preliminary investigation, two informations were filed against Soriano before the RTC of Malolos, Bulacan: one for estafa through falsification of commercial documents and another for violating Section 83 of RA 337, as amended by PD No. 1795 (DOSRI law).
• Soriano moved to quash these informations, claiming lack of jurisdiction and that the facts charged did not constitute an offense.
• The RTC denied the motion, and the CA upheld this decision.
• Soriano filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court, challenging the CA's decision and resolution.

Issue:

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Ruling:

1. The complaint complied with the mandatory requirements under Section 3(a), Rule 112 of the Rules of Court and Section 18, paragraphs (c) and (d) of RA 7653.
2. A loan transaction within the DOSRI law could also be subject to estafa under Article 315 (1) (b) of the Revised Penal Code.
3. A petition for certiorari under Rule...(Unlock)

Ratio:

1. The Supreme Court held that the BSP letter and attached affidavits complied with Section 3(a), Rule 112 of the Rules of Court and Section 18, paragraphs (c) and (d) of RA 7653. The affidavits initiated the preliminary investigation, and since they were subscribed under oath, there was substantial compliance with the Rules. The offenses charged were public crimes and could be initiated by any competent person with personal knowledge of the acts committed.

2. The informations against Soriano contained allegations that, if hypothetically admitted, would establish the essential elements of both DOSRI violation and estafa through falsification of commercial documents. Soriano, in his fiduciary capacity as bank president, held the bank money in trust. The loan, meant for another person, was obtained and converted by Soriano through falsification, making the P8 million ca...continue reading