Case Digest (G.R. No. 179962)
Facts:
In Hilario P. Soriano v. People of the Philippines (G.R. No. 240458, January 8, 2020), petitioner Hilario P. Soriano, then President of the Rural Bank of San Miguel (Bulacan), was charged with two criminal offenses arising from transactions dated June 27, 1997 in San Miguel, Bulacan. In Criminal Case No. 1719-M-2000, he was accused of indirectly borrowing ₱15 million from his bank without the written approval of the majority of its board of directors, using the name of depositor Virgilio J. Malang, and converting ₱14,775,000.00 of the proceeds for his personal use, in violation of Section 83 of Republic Act No. 337, as amended by P.D. No. 1795 (the DOSRI law). In Criminal Case No. 1720-M-2000, he and bank manager Rosalinda Ilagan were charged with estafa through falsification of commercial documents for causing loan documents to bear Malang’s name when he had neither applied for nor received the loan. The Regional Trial Court (RTC) of Malolos City convicted Soriano of both offenCase Digest (G.R. No. 179962)
Facts:
- Case Background
- Petitioner Hilario P. Soriano, former President of the Rural Bank of San Miguel (RBSM), filed a Petition for Review on Certiorari assailing the Court of Appeals (CA) Decision dated February 28, 2018 in CA-G.R. CR No. 39252.
- The CA had affirmed with modification the October 13, 2015 Regional Trial Court (RTC) Decision finding Soriano guilty of:
- Violation of Section 83, R.A. No. 337 (DOSRI law) in Criminal Case No. 1719-M-2000.
- Estafa through falsification of commercial documents in Criminal Case No. 1720-M-2000.
- Criminal Charges and Scheme
- Criminal Case No. 1719-M-2000 (DOSRI law)
- Alleged indirect borrowing of Bank deposits (P15 million) in Virgilio J. Malang’s name without board approval, converting net proceeds of P14,775,000 for personal use.
- Criminal Case No. 1720-M-2000 (Estafa thru falsification)
- Conspiracy with Bank Manager Rosalinda Ilagan to falsify loan documents (application, promissory note, manager’s check voucher) to simulate Malang’s loan, then divert proceeds via multiple checks.
- Prosecution Evidence
- Testimony of BSP examiner Herminio Principio on RBSM’s irregular loans and lack of approvals or collateral.
- Testimonies of Malang, bank officers (Santillana, Posada, Ramos, Angeles, Gementiza, Cristobal, Haber) establishing the fictitious loan’s processing, release, diversion through Mechants Rural Bank and Land Bank, and application to Soriano’s prior loans.
- Documentary evidence: loan folder, manager’s checks, deposit slips, receipts, Land Bank cashier’s checks, official receipts.
- Trial Court Disposition
- RTC rendered Soriano guilty as charged: ten years (DOSRI) + fine ₱200,000; indeterminate sentence 10 years 1 day to 20 years + indemnity ₱14,775,000 (estafa).
- Ilagan’s liability extinguished due to death (Feb. 2014).
- CA Disposition
- Modified penalties: DOSRI – ten years + fine ₱10,000; Estafa – 4 years 2 months to 13 years + indemnity ₱14,775,000.
- Denied petitioner’s motion for reconsideration.
Issues:
- Criminal Case No. 1719-M-2000
- Whether Soriano’s guilt for violation of Section 83, R.A. No. 337, as amended, was proven beyond reasonable doubt.
- Criminal Case No. 1720-M-2000
- Whether Soriano’s guilt for the complex crime of estafa through falsification of commercial documents was proven beyond reasonable doubt.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)