G.R. No. 2747 - People vs Basco

Case Summary (G.R. No. 2747)

Relevant Facts

Basco attempted to pay for a purchase with what appeared to be a silver coin, representing it as a peseta (a twenty‑cent piece). The store owner discovered the coin was in fact a Philippine copper cent and refused acceptance. A quarrel ensued and a policeman arrested Basco. At the police station Mexican and Japanese coins and a roll of Philippine copper cents, silver‑plated and identical in appearance to the coin used at the store, were found in Basco’s possession. Examination showed the plated coins to be genuine copper cents that had been whitened (apparently with quicksilver) to give the color and brightness of silver. Basco initially claimed he had received the coins as change, but later admitted he had silvered them himself.

Lower Court Proceedings and Sentence

The court below found the foregoing facts constituted the crime of counterfeiting money as defined in article 286 of the Penal Code. Basco was sentenced to three years’ imprisonment (presidio correccional), ordered to pay a fine of 750 pesetas, and assessed the costs of the proceedings.

Attorney‑General’s Position on Appeal

On appeal, the Attorney‑General contended that the facts do not establish the crime of counterfeiting money but rather the crime of estafa (fraud). He asked that Basco be acquitted of counterfeiting without prejudice to the filing of a new complaint for estafa.

Issue Presented

Whether the defendant’s acts — altering the outward appearance of genuine copper cents by silvering them and attempting to pass them as higher‑value silver coins — constitute the crime of counterfeiting money under article 286 of the Penal Code, or instead constitute estafa.

Court’s Legal Analysis

The court emphasized that counterfeiting necessarily involves the production or use of spurious or tampered coins — coins that are in essence false, clipped, or otherwise bear altered or imitated designs/inscriptions. In this case the coins were genuine Philippine copper cents which retained their original designs and inscriptions; the defendant did not alter or attempt to imitate those designs. The only act was to change the coins’ appearance (silvering them) to deceive third parties as to their true value. Such conduct, the court reasoned, effects a deception about value rather than the creation of a counterfeit coin.

Ruling and Disposition

The appellate court agreed with the Attorney‑General. It reversed the conviction for counterfeiting and acquitted Basco of that charge. The court directed the Attorney‑General to present a new complaint charging e

Case Syllabus (G.R. No. 2747)

Procedural Posture

Appeal from a conviction in the Court of First Instance where the defendant was found guilty of counterfeiting money as defined and punished in article 286 of the Penal Code.
The lower court sentenced the defendant to three years' imprisonment (presidio correccional), imposed a fine of 750 pesetas, and assessed the costs of the proceedings.
The Attorney-General filed a brief in the Supreme Court contending that the facts do not constitute the crime of counterfeiting money but rather the crime of estafa, and requested acquittal on the counterfeiting charge without prejudice to filing a new complaint for estafa.
The Supreme Court reviewed the record and rendered judgment reversing the conviction for counterfeiting, acquitting the defendant of that charge, and directing further actions as specified in the decision.

Facts Established at Trial

The defendant attempted to pay for a package of cigarettes at a store with a coin that appeared to be silver but was, in fact, a Philippine copper cent.
The defendant insisted that the store owner accept the coin as a peseta (explicitly identified in the record as a twenty-cent piece).
The store owner noticed the true value and denomination of the coin and refused to accept it as a peseta.
A quarrel ensued between the defendant and the store owner as a result of the refusal to accept the coin.
A policeman intervened; upon being informed, he arrested the defendant and took him to the police station.
At the police station, authorities found in the defendant’s possession several Mexican and Japanese coins and a roll of Philippine copper cents that had been silver plated and were identical in appearance to the coin used in the attempted purchase.
Examination of the plated coins showed they were genuine Philippine copper cents which had apparently been whitened with quicksilver to produce the color and brightness of silver.
When first questioned about the origin of the coins, the defendant stated that he had received them as change, but later admitted that he had silvered them himself.

Lower Court Finding and Sentence

The Court of First Instance found that the facts constituted the crime charged in the complaint, namely counterfeiting of money, as defined and punished in article 286 of the Penal Code.
The court imposed a sentence of three years' imprisonment (presidio correccional), a fine of 750 pesetas, and ordered the defendant to pay the costs of the proceedings.

Attorney-General’s Position in the Supreme Court

The Attorney-General argued in his brief that the established facts did not amount to the crime of counterfeiting money.
He maintained that the acts described in the record constituted t