Case Summary (G.R. No. 222436)
Factual Background
Pentel’s board allegedly passed Resolution 2000-001 on February 25, 2000, authorizing Jimmy Lim to sell a Pasay City property. The notarized Secretary’s Certificate of February 29, 2000 bore the signatures of all directors, including the late Quintin Lim. Lucy Lim challenged the authenticity, arguing Quintin could not have signed after his 1996 death.
Charges and Information
The Information charged petitioners and the Spouses Lee with forgery of the Secretary’s Certificate and Board Resolution 2000-001, a public document, by counterfeiting Quintin’s signature, thus enabling the property’s transfer prejudicial to Lucy Lim and public interest.
Lower Courts’ Findings
MeTC convicted the petitioners; RTC and CA denied appeals. The Spouses Lee were acquitted at first instance. The CA modified the penalty under the Indeterminate Sentence Law but upheld guilt.
Issues on Appeal
The petitioners reiterated lack of direct proof of signature falsification, absence of intent to damage (if private document), and, for the first time, prescription of the offense.
Supreme Court’s Analysis on Charge and Definition of Public Document
The Court held the Secretary’s Certificate was a public document per Rule 132(19)(b) because it was notarized. Although Board Resolutions are private, their incorporation into the Secretary’s Certificate brings both under Article 172(1). Petitioners conspired to falsify the public document by falsely narrating Quintin’s participation and forging his signature.
Prescription Defense and Legal Principles
Under Article 89(5) of the RPC and jurisprudence (People v. Moran, Syhunliong v. Rivera), prescription may be raised at any stage. A correctional penalty under Article 172 prescribes in ten years (RPC Art. 90, Sec. 1).
Prescription Commencement and Constructive Notice
Prescription for falsification of a public document begins upon registration of the document (PD 1529, Secs. 51–53) because registration imparts constructive notice of its contents to all (People v. Reyes). The Secretary’s Certificate and Deed of Sale were registered on March 29, 2000.
Computation of Prescrip
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Facts
- Petitioners Shirley T. Lim, Mary T. Limaleon and Jimmy T. Lim are siblings and corporate officers of Pentel Merchandising Co., Inc., founded by their father, Quintin C. Lim.
- Quintin C. Lim died on September 16, 1996.
- Stockholder Lucy Lim alleged that petitioners falsified a Secretary’s Certificate dated February 29, 2000, which contained Board Resolution No. 2000-001 dated February 25, 2000.
- Board Resolution No. 2000-001 purportedly authorized Jimmy Lim to dispose of Pentel’s parcel of land covered by TCT No. 129824 (P. Samonte Street, Pasay City).
- Using the falsified certificate, Jimmy Lim executed a Deed of Absolute Sale on March 21, 2000, conveying the property to spouses Emerson and Doris Lee.
- Lucy Lim asserted that petitioners counterfeited Quintin Lim’s signature—although he had died more than three years prior—making it appear he participated in the board meeting and approved the resolution.
Procedural History
- On May 15, 2012, a criminal Information (filed August 31, 2011) charged petitioners and the Spouses Lee with falsification of a public document under Articles 171 and 172 of the RPC.
- The MeTC of Manila (Decision dated April 29, 2014) convicted petitioners and acquitted the Spouses Lee; petitioners were sentenced to an indeterminate term of prision correccional (2 years 4 months to 4 years 9 months 11 days) plus fine.
- Petitioners appealed. The RTC of Manila (Decision dated November 27, 2014) affirmed the MeTC decision and denied their motion for reconsideration.
- Petitioners filed a Rule 42 petition for review with the CA; the CA initially dismissed it on formal grounds (Resolution March 26, 2015), then reinstated and, in its Decision dated April 22, 2016, denied the appeal with a slight modification of the penalty. Their motion for reconsideration was denied (Resolution August 17, 2016).
- Petitioners then filed a Rule 45 petition befor