Title
Cruz vs. People
Case
G.R. No. 210266
Decision Date
Jun 7, 2017
Anthony Cruz convicted for possessing and using a counterfeit Citibank Visa card to purchase goods; evidence admitted despite pre-trial issues, affirmed by higher courts.
counterfeit credit card
access device fraud
possession and use

Case Summary (G.R. No. 210266)

Factual Background

On April 18, 2006, two separate purchases occurred at Duty Free Fiesta Mall. At about 7:30 p.m., petitioner allegedly paid for two bottles of perfume worth US$96.00 at Counter 15 using a Citibank Visa card. At about 8:00 p.m., petitioner allegedly purchased a pair of Ferragamo shoes worth US$363.00 at Counter 12 using a Citibank Visa card bearing the name “Gerry Santos” and account number 4539 7207 8677 7008. Cashiers Danilo Wong and Ana Margarita Lim testified regarding the two transactions and described signs that raised suspicion about the card’s genuineness, including misaligned embossing and an incorrect validity date. Lim called Citibank, which allegedly advised that the card was counterfeit and identified the real cardholder as Gerardo T. Santos, Head of Citibank’s Fraud Risk Management Division. Security personnel detained petitioner and his companion and eventually turned them over to the Philippine National Police - Criminal Investigation Detective Group. The disputed Citibank Visa card was surrendered to investigators and later was the subject of Citibank’s certification that the card was counterfeit.

Trial Court Proceedings

Petitioner was arraigned and pleaded not guilty to three Informations charging possession and use of a counterfeit access device under Section 9(a) and (e) of Republic Act No. 8484. During trial the prosecution offered witnesses and sought to present the physical credit card evidence, which had not been pre-marked at pre-trial. Petitioner filed a Demurrer to Evidence after the prosecution rested, asserting, inter alia, the inadmissibility of the unpremarked card under A.M. No. 03-1-09-SC. Branch 274 denied the Demurrer, admitted the card into evidence, and accepted Citibank’s certification as Exhibit F. Petitioner and counsel later manifested that they would waive presentation of defense evidence. On May 5, 2010, the trial court convicted petitioner in Criminal Case Nos. 06-0479 and 06-0480 for violation of Section 9(a) and 9(e) of Republic Act No. 8484, and acquitted him in Criminal Case No. 06-0481. The court imposed indeterminate prison terms and fines in accordance with the statute as reflected in its dispositive order.

Court of Appeals Decision

Petitioner appealed. On July 4, 2013, the Court of Appeals affirmed the convictions but modified the penalties to conform with statutory language. The Court of Appeals held that the prosecution proved that petitioner possessed a counterfeit access device and that A.M. No. 03-1-09-SC did not absolutely bar admission of evidence not pre-marked at pre-trial where the trial court, in its discretion, admitted the evidence for good cause shown. Petitioner’s motion for reconsideration was denied on November 26, 2013.

Issues Presented to the Supreme Court

The Supreme Court framed two principal issues: First, whether the prosecution proved beyond reasonable doubt that petitioner was guilty of violating Section 9(a) and 9(e) of Republic Act No. 8484, and whether the alleged counterfeit access device remained admissible despite not being pre-marked at pre-trial; Second, whether negligence of petitioner’s former counsel constituted a valid ground to disturb the conviction.

The Parties’ Contentions

Petitioner contended that the physical credit card (the corpus delicti) was inadmissible under A.M. No. 03-1-09-SC because it had not been identified and pre-marked at pre-trial. He asserted inconsistencies among prosecution witnesses about identification and turnover of the card, alleged that the trial court and appellate court violated the presumption of innocence by drawing adverse inferences from his silence, and argued ineffective representation by his prior counsel. The Office of the Solicitor General maintained that the card was admissible because the trial court reasonably found good cause for late marking; it defended the consistency and sufficiency of the witnesses’ testimonies; it argued that petitioner’s failure to testify and his attempted flight were proper considerations supporting an inference of guilt; and it contended that counsel’s performance did not amount to gross or reckless negligence that deprived petitioner of due process.

Ruling of the Supreme Court

The Supreme Court denied the petition and affirmed the Decision and Resolution of the Court of Appeals. The Court ruled that to sustain a conviction under Section 9(a) and 9(e) of Republic Act No. 8484 the prosecution must prove not only possession or use of an access device but also evidence establishing that the access device was counterfeit. The Court found that the prosecution proved both elements: petitioner possessed and used the Citibank Visa card bearing account number 4539 7207 8677 7008 in the challenged transactions, and Citibank’s certification and testimony established that the card was counterfeit. The Court upheld the trial court’s exercise of discretion to admit the physical card despite its lack of pre-marking because the prosecution explained that the card was then in police custody and because the card formed part of Exhibit F, which had been presented and marked during pre-trial. The Court rejected petitioner’s claims of material inconsistencies among witnesses, deeming the differences minor and attributable to separate transactions and different witness perspectives. The Court also held that petitioner’s attempted escape was an additional fact supporting guilt and that petitioner’s decision to waive presentation of defense evidence did not impair his right to due process. The Court further found that the record did not show counsel’s performance to have been so grossly negligent or reckless as to invoke the narrow exceptions that relieve a client from the consequences of counsel’s negligence.

Legal Basis and Reasoning

The Court began with statutory definitions in Republic Act No. 8484: an access device is any card or account number used to obtain goods or services (sec. 3(a)), a credit card falls within that definition (sec. 3(f)), and a counterfeit access device is an access device that is counterfeit, fictitious, altered, or forged (sec. 3(b)). Sections 9(a) and 9(e) criminalize the production, use, trafficking in, and possession of counterfeit access devices, and Section 10 prescribes distinct penalties for possession and for use. From these provisions the Court deduced that corpus delicti consists of both the physical device and proof of its counterfeit character. On the pre-trial marking rule, the Court applied A.M. No. 03-1-09-SC, sec. I(A)(2)(d), which ordinarily excludes unpremarked evidence but permits the trial court, in its discretion, to admit evidence not pre-marked for good cause shown. The Court treated “good cause” as any substantial reason affording a legal excuse and cited Fortune Corporation v. Court of Appeals, G.R. No. 108119, January 19, 1994, 229 SCRA 355, 371, for the principle that the trial court’s discretion governs admission. The Court found adequate explanation that the physical card was in police custody during pre-trial and that Citibank’s certification had been pre-m

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