Case Digest (G.R. No. 2747)
Facts:
In the case of The United States vs. Agustin Basco, decided on April 11, 1906 (6 Phil. 110, G.R. No. 2747), the defendant, Agustin Basco, was charged with the crime of counterfeiting money under Article 286 of the Penal Code. The incident involved Basco attempting to purchase a package of cigarettes from a store by tendering what appeared to be a silver coin. In truth, the coin was a Philippine copper cent that had been silver-plated to resemble a twenty-centavo piece (peseta). The store owner recognized the coin’s true nature as a copper cent, refused to accept it as legal payment, and a quarrel ensued. A policeman intervened, arrested Basco, and upon searching him, found other Mexican and Japanese coins along with a roll of similarly silvered Philippine copper cents. Basco initially claimed he received the coins as change but later admitted to silvering the copper cents himself. The trial court found Basco guilty of counterfeiting money and sentenced him to three years of imp
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Case Digest (G.R. No. 2747)
Facts:
- Circumstances of the case
- The defendant, Agustin Basco, attempted to pay for a package of cigarettes using what appeared to be silver coins but were in fact Philippine copper cents.
- He insisted that the store owner accept these coins as pesetas (twenty-cent pieces).
- The store owner refused upon noticing the true value and denomination of the coins.
- A quarrel ensued due to the refusal, and a policeman intervened.
- Arrest and evidence found
- The defendant was arrested and taken to the police station.
- Several Mexican and Japanese coins were found in his possession, along with a roll of Philippine copper cents which were silver plated and identical to the coins he tried to pass off as twenty-cent pieces.
- Examination revealed that the plated coins were genuine copper cents that had been whitened with quicksilver to resemble silver coins.
- Defendant’s statements
- Initially claimed that he had received the coins as change.
- Later admitted that he had silvered the coins himself.
- Trial court’s findings and sentence
- The court found these acts to constitute the crime of counterfeiting money under Article 286 of the Penal Code.
- The defendant was sentenced to three years’ imprisonment (presidio correccional), a fine of 750 pesetas, and costs of the proceedings.
- Attorney-General’s argument on appeal
- Contended that the facts did not constitute counterfeiting of money but rather the crime of estafa.
- Requested acquittal on the counterfeiting charge without prejudice to filing a separate complaint for estafa.
Issues:
- Whether the defendant’s acts constitute the crime of counterfeiting money as defined in Article 286 of the Penal Code.
- Whether the defendant’s acts instead constitute the crime of estafa.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)