Case Summary (G.R. No. 160451)
Criminal Proceedings and Informations
Caltex filed an estafa through falsification complaint on November 6, 1997. After preliminary investigation, the Makati City Prosecutor indicted Ricarze on June 29, 1998 under two separate Informations (Criminal Case Nos. 98-1611 and 98-1612), charging falsification of commercial documents with intent to defraud and to gain, to the damage and prejudice of Caltex in amounts of P1,790,757.50 and P5,790,570.25 respectively. Ricarze pleaded not guilty on August 18, 1998, and pre-trial and trial followed.
Motion for Substitution of Offended Party
During trial, PCIBank—having re-credited P581,229.00 to Caltex—moved to substitute itself as private complainant, claiming subrogation to Caltex’s rights. Ricarze opposed, arguing that after arraignment and prosecution’s presentation of evidence, substitution would constitute a prohibited substantial amendment under Section 14, Rule 110, and prejudice his defense.
RTC’s Orders on Substitution and Reconsideration
On July 18, 2001, the RTC granted PCIBank’s motion to substitute and refused to expunge SRMO’s formal offer of evidence. Ricarze’s motion for reconsideration was denied on November 14, 2001.
CA Proceedings and Decision
Ricarze petitioned the CA for certiorari to annul the RTC’s orders. On November 5, 2002, the CA dismissed the petition, holding that PCIBank had been subrogated to Caltex’s rights upon re-credit, substitution was a mere formal amendment not prejudicial to Ricarze, and in property offenses misnaming the offended party is a formal defect under People v. Ho and People v. Reyes. A October 17, 2003 CA resolution denied reconsideration.
Issues on Substantial Amendment and Prejudice
Ricarze contended that substitution of Caltex by PCIBank after arraignment and presentation of evidence was a substantial amendment barred by Section 14, Rule 110, and that the original Informations falsely alleged prejudice to Caltex when PCIBank was already prejudiced by March 1998. He argued this defect voided the Informations and warranted dismissal.
Legal Subrogation of PCIBank’s Rights
The Court distinguished legal subrogation (by operation of law) from conventional subrogation (by agreement). Under Civil Code Article 1302, PCIBank’s re-credit to Caltex legally subrogated it to Caltex’s rights without debtor’s knowledge or consent. The Supreme Court held Ricarze’s acquiescence was unnecessary for legal subrogation.
Formal Defect in Naming the Offended Party
Under Rule 110, Section 6 and Section 12, mere misdesignation of the offended party in offenses against property is a formal defect curable by amendment if
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Facts and Antecedents
- Eduardo G. Ricarze was employed as a collector‐messenger assigned to Caltex Philippines, Inc., tasked with collecting company checks and delivering invoices.
- On October 15 and September 24, 1997, three Caltex checks (Nos. 73999, 74000, 74001 and an earlier No. 72922) were discovered missing and found to bear forged signatures of authorized officers Ramon Romano and Victor Goquinco, as well as of payee Dante R. Gutierrez.
- Forged checks No. 74001 (₱5,790,570.25) and No. 72922 (₱1,790,757.25) were deposited in Banco de Oro Savings Account No. 2004-0047245-7 under Gutierrez’s name; Gutierrez disowned the account and signatures.
- Bank teller Winnie P. Donable Dela Cruz positively identified Ricarze as the one who opened the account and endorsed the forged checks.
- On March 29, 1998, PCIBank credited Caltex with ₱581,229.00, but the City Prosecutor was not informed of this development.
Criminal Complaint and Informations
- On November 6, 1997, Caltex filed an estafa through falsification complaint before the Makati City Prosecutor, prompting preliminary investigation.
- On June 29, 1998, two Informations were filed in Makati RTC, Branch 63:
- Criminal Case No. 98-1611 (September 24, 1997 check No. 72922, ₱1,790,757.50)
- Criminal Case No. 98-1612 (October 15, 1997 check No. 74001, ₱5,790,570.25)
- Each Information alleged that Ricarze, with intent to defraud and gain, forged signatures of Caltex signatories and payee, deposited the checks in BDO under Gutierrez’s name, and appropriated the proceeds to Caltex’s damage.
Trial Court Proceedings
- Ricarze was arraigned on August 18, 1998, pleaded not guilty, and trial ensued jointly on both Informations.
- The prosecution rested after presenting witnesses; private prosecutor Siguion Reyna Montecillo & Ongsiako Law Offices (SRMO) filed a Formal Offer of Evidence on behalf of PCIBank.
- Ricarze moved to expunge SRMO’s offer, arguing lack of personality since Caltex—not PCIBank—was the private comp