SECOND DIVISION
G.R. No. 199907, February 27, 2017
ANITA CAPULONG, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
D E C I S I O N
PERALTA, J.:
This petition for review on certiorari under Rule 45 of the Rules of Court (Rules) seeks to annul the November 12, 2010 Decision1 and December 22, 2011 Resolution2 of the Court of Appeals (CA) in CA-G.R. CR No. 28713, the dispositive portion of which states:
WHEREFORE, premises considered, the Decision dated August 1, 2003 of the Regional Trial Court (RTC), Third Judicial Region, Branch 86 of Cabanatuan City, convicting Appellant Anita Capulong of the crime of Estafa as defined and penalized under Article 315, par. 3(c) of the Revised Penal Code is hereby AFFIRMED with MODIFICATION, in that the Appellant is sentenced to an indeterminate prison term of four (4) years and two (2) months of prision correccional, as minimum, to twenty years (20) of reclusion temporal, as maximum.In an Information filed on February 28, 1995, petitioner Anita Capulong (Anita) and her husband, Fernando Capulong (Fernando), (Spouses Capulong) were accused of the crime of Estafa, committed as follows:
SO ORDERED.3
That on or about the 10th day of December, 1990, in Cabanatuan City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused Spouses Fernando Capulong and Anita M. Capulong, having previously chattel mortgaged their Isuzu truck with Plate No. PLV-227 in the amount of P700,000.00 in favor of one FRANCISCA P. DE GUZMAN, with grave abuse of confidence, with intent to defraud and in conspiracy with each other, did then and there willfully, unlawfully and feloniously induce, thru false representation, said Francisca P. de Guzman to lend back to them the Registration Certificate and the Official Receipt of Payment of registration fees of the above mortgaged truck under the pretext that they would use said documents in applying for additional loan and/or show said documents to somebody interested to buy said truck, but said accused once in possession of said documents, instead of doing so and with intent to cause damage, concealed or destroyed the above-described registration certificate and the official receipt, thereby preventing Francisca P. de Guzman from registering said chattel mortgage with the Land Transportation Office; that thereafter, herein accused even replaced the motor of subject truck with a different one, to the damage and prejudice of Francisca P. de Guzman in the aforestated amount of P700,000.00 as she was unable to register, much less foreclose, said chattel mortgage with the LTO because the motor number of the mortgaged truck indicated in the chattel mortgage was already different from the number of the new motor installed in said truck.The Spouses Capulong pleaded not guilty in their arraignment.5 Trial on the merits ensued.
CONTRARY TO LAW.4
The defense interposed by the accused is a mere denial. They are denying the allegation of the private complainant that the documents were never returned. Accused Anita Capulong, when asked during [her] direct examination testified:Anita moved for a new trial on the alleged ground of incompetence and negligence of her former counsel.14 It was denied in the Order15 dated February 26, 2004. In her motion for reconsideration, she added that a new and material evidence, particularly Solidbank Check No. PA074896 dated September 8, 1992 in the amount of P700,000.00, had been discovered as proof of payment of the amount subject of this case.16 However, in its Order dated May 17, 2004, the trial court denied the motion reasoning that the check is actually a forgotten, not a newly discovered, evidence "as it was all along readily available to [the] accused."17 Consequently, a Notice of Appeal18 was filed."Question: It says here, 'to be returned after one week from date,' were you able to return the said Registration Certificate and Official Receipt as promised by you in accordance with this document?The denial of the accused cannot overcome the positive assertion of the complainant, coupled with a document which was even in the own handwriting of accused Anita Capulong. If it is true that the documents were returned, herein accused should have asked for the document evidencing her receipt of the Certificate of Registration and Official Receipt. Furthermore, it is highly improbable that herein private complainant would undergo the expense, trouble and inconvenience of prosecuting the instant case, which lasted for several years, if her allegation is a mere fabrication.
Answer: Yes, sir.
Question: To whom did you return?
Answer: To Tia Pacing, sir."12
The denials interposed by the accused are shallow and incredible. It is proven that accused Anita Capulong failed to comply with her obligation to return the borrowed documents, as promised. She concealed the documents after she received them from herein private [complainant]. Now the accused are even concealing the cargo truck subject of the chattel mortgage despite orders from this Court to give information about the truck. These facts established the first essential [element] of the crime charged.
The Certificate of Registration and Official Receipt were delivered to herein private complainant as security to the indebtedness of the two accused. Meaning, if in case the accused fail to pay their obligation, the private complainant is assured that she will recover what was loaned after foreclosing on the mortgaged truck. Without the aforementioned documents, the chattel mortgage is of no effect considering that the evidence of ownership of the accused over the cargo truck were no longer in the possession of Mrs. De Guzman. The concealment of the Certificate of Registration and Official Receipt caused a positive injury to herein private complainant considering that she could not register the chattel mortgage with the Land Transportation Office and neither could she exercise her right to foreclose the truck because of what the accused did. Clearly, herein private complainant was deprived of a means to collect from the accused. The accused made it difficult for the private complainant to collect the obligation from them. The second element, is therefore, fully proven.
As to the words "Cab. City" written in the document marked as Exhibit D for the prosecution, the private complainant admitted that she wrote the same and she was able to explain why she did that. She testified during her direct examination:"Question: On the uppermost right portion of this document, there appears two words 'Cab. City', do you know who wrote this?As to the extent of the injury, it was held by the Supreme Court in the case of United States vs. Tan Jenjua, 1 Phil. Rep. 38, "must be based upon the amount which such a note represents without regard to whether or not the amount is actually collected subsequent to the destruction."13
Answer: Yes, sir.
Question: Who?
Answer: Me, sir.
Question: Why did you write these words, 'Cab. City'?
Answer: Because such place was not written, so I wrote it, sir."
I. WHETHER OR NOT THE COURT OF APPEALS COMMITTED SUCH A SEVERE DEGREE OF SERIOUS REVERSIBLE ERROR AND GRAVE ABUSE OF DISCRETION THAT WARRANTS THE RELAXATION OF THE RESTRICTION OF RAISING ONLY QUESTIONS OF LAW IN PETITIONS FOR REVIEW UNDER RULE 45 OF THE RULES OF COURT;The appeal is unmeritorious.
II. WHETHER OR NOT THE COURT OF APPEALS COMMITTED SERIOUS ERROR AND GRAVELY ABUSED ITS DISCRETION IN NOT ACQUITTING THE PETITIONER OUTRIGHT ON ACCOUNT OF THE FACT THAT THE ELEMENTS OF ESTAFA UNDER ARTICLE 315, PARAGRAPH 3 (C), PERTAINING TO PREJUDICE ARE MARKEDLY ABSENT;
III. WHETHER OR NOT THE COURT OF APPEALS COMMITTED SERIOUS ERROR AND GRAVELY ABUSED ITS DISCRETION IN NOT ACQUITTING THE PETITIONER OUTRIGHT DESPITE THE FACT THAT IT WAS SUFFICIENTLY ESTABLISHED THAT SITE HAD ALREADY PAID HER OBLIGATIONS IN FULL; AND
IV. WHETHER OR NOT THE COURT OF APPEALS COMMITTED SERIOUS ERROR AND GRAVELY ABUSED ITS DISCRETION IN NOT GRANTING THE REMAND OF THE CASE TO THE COURT OF ORIGIN FOR RE-TRIAL AT THE MINIMUM AS THE PETITIONER WAS CLEARLY DEPRIVED OF HER DAY IN COURT.22
The first element covers the following ways of committing estafa:
- That the accused defrauded another (a) by abuse of confidence, or (b) by means of deceit; and
- That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.
The elements of estafa by means of deceit are as follows:The first way of committing estafa is known as estafa with abuse of confidence, while the second and the third ways cover by means of deceit.23
- With unfaithfulness or abuse of confidence;
- By means of false pretenses or fraudulent acts;
- Through fraudulent means.
Anita is convicted of estafa under Article 315, paragraph 3 (c) of RPC, which provides:
- That there must be a false pretense, fraudulent act or fraudulent means
- That such false pretense, fraudulent act or fraudulent means must be made or executed prior to ot simultaneously with the commission of the fraud.
- That the offended party must have relied on the false pretense, fraudulent act or fraudulent means, that is, he was induced to part with his money or property because of the fraudulent act or fraudulent means.
- That as a result thereof, the offended party suffered damage.24
Art. 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:This provision originated from Article 535, paragraph 9 of the Spanish Penal Code,26 which stated:
x x x
x x x the fraud be committed by any of the following means:x x x
3. Through any of the following fraudulent means:x x x
(c) By removing, concealing or destroying, in whole or in part, any court record, office files, document or any other papers.25
The following shall incur the penalties of the preceding articles:The old penal law was applied in the cases of Tan Jenjua (concealment of a private document evidencing a deposit), Kilayko (destruction of a promissory note), and Dizon (destruction of chits for articles bought on credit). Likewise, in United States v. Gomez Ricoy,28 this Court held that the maker of a promissory note, which was given to cover losses incurred at monte in a gambling house, who obtained possession of his note and concealed or destroyed it, is prima facie guilty of estafa.
Those who shall commit fraud by withdrawing, concealing, or destroying, in whole or in part, any process, record, document, or any other paper of any character whatsoever.
If the crime should be committed without the intent to fraud, a fine of from 325 to 3,250 pesetas shall be imposed on the author.27
Was the concealment or destruction of the vale by Ricoy an offense punished by Article 535, 9 of the PENAL Code?In this case, Anita contends that there is no competent proof that she actually removed, concealed or destroyed any of the papers contemplated in Article 315, paragraph 3 (c) of the RPC. Allegedly, pursuant to Tan Jenjua, Kilayko, and Dizon, the document removed, concealed or destroyed must contain evidence of indebtedness so as to cause prejudice, and the OR-CR are not of this nature.
It represented no obligation. It did not prove or tend to prove the existence or extinction of any right. It was simply a small piece of paper with writing on it. As a mere piece of paper, its intrinsic value is too small to be appreciable. Its destruction could not injure Angeles, for it had no value extrinsic or intrinsic.
The words of Article 535, 9, are "any process, record, document, or any other paper of any character whatsoever." While this language is broad, it cannot be construed as including the destruction of any kind of a paper regardless of what it is in itself or what it represents. A letter of friendship, a card of invitation, a note of regret, which have no value extrinsic or intrinsic, cannot be covered by it.
The constant doctrine of the Supreme Court has been that no person could be convicted of estafa unless damage has resulted. It matters not that there may have been deceit or that the defendant thought he was causing damage. If the act which he did was from the nature of the object incapable of causing that damage, there can be no conviction. (Judgment of February 4, 1874.)30
x x x The latter's refusal to return the document is shown in the record solely by the testimony of the complaining witness. No other witness testifies upon this point nor has any attempt been made to introduce evidence on the subject. Nevertheless, we can entertain no reasonable doubt as to the truth of this fact. Supposing that the complainant had had no difficulty in recovering possession of the document, unquestionably she would not have failed to do so when it is considered that the recovery of the document was a matter of great interest to her as evidence of a deposit of a considerable sum of money. Furthermore, if this fact was not true, the defendant could have shown such to be the case from the first by simply returning the document; it was to his interest to do so, but nevertheless he has not done it. The failure to return the document up to the present time, notwithstanding the criminal prosecution brought against him on this account, conclusively shows his determination to conceal the paper. There are some facts which do not require proof because they are self-evident; and the unvarying attitude of the defendant in this case is the most complete and convincing proof of his refusal to return the document.31Fraudulent intent, being a state of mind, can only be proved by unguarded expressions, conduct and circumstances, and may be inferred from facts and circumstances that appear to be undisputed.32 For failure to comply with her promise to return the original OR-CR, or even furnish new ones in lieu thereof, and in misrepresenting that she already gave De Guzman the subject documents, Anita's intent to defraud is shown beyond question. Such malicious intent was even made more prominent with the replacement of the truck's engine without De Guzman's knowledge and the unknown whereabouts of the vehicle.
Endnotes:
* Designated Fifth Member in lieu of Associate Justice Francis H. Jardeleza, per Special Order No. 2416-V, dated January 4, 2017. (On official leave)
1 Penned by Associate Justice Jose C. Reyes, Jr., with Associate Justices Antonio L. Villamor and Jane Aurora C. Lantion, concurring; rollo, pp. 753-766.
2Rollo, pp. 767-768.
3Id. at 765-766. (Emphasis in the original)
4 Records, pp. 1-2.
5Id. at 209 .
6 According to Anita Capulong, Francisca P. de Guzman, or "Tia Pacing," is the first cousin of her mother-in-law, Carolina Bautista AliƱo, TSN, August 17, 2001, pp. 6-7.
7 Records, p. 366.
8Id. at 44-45, 363-364.
9Id. at 46, 365.
10Id. at 304, 367.
11Id. at 498-499.
12 TSN, August 17, 2001, p. 7.
13 Records, pp. 513-515; rollo, pp. 150-152.
14 Records, pp. 520-522.
15Id. at 535-536.
16Id. at 537-539.
17Id. at 544-545.
18Id. at 546-547.
19 1 Phil. 38 (1901).
20 31 Phil. 371 (1915).
21 47 Phil. 350 (1925).
22Rollo, pp. 24, 355.
23Madrigal v. Department of Justice, 726 Phil. 544, 553 (2014).
24Paredes v. Calilung, 546 Phil. 198, 223 (2007).
25 For a successful prosecution of the crime, the elements that must be established are:
1. That there be court record, office files, documents or any other papers;
2. That the offender removed, concealed or destroyed any of them; and
3. That the offender had intent to defraud another. (See Reyes, Luis B., The Revised Penal Code [Book Two], 18th Ed. 2012, p. 846).
26 The RPC took effect on January 1, 1932. (See People v. Alcaraz, 56 Phil. 520, 521 (1932) and People v. Carballo, 62 Phil. 651, 652 (1935).
27 See United States v. Parcon, 11 Phil. 323, 325 (1908).
28 1 Phil. 595 (1902).
29 Art. 1305 of the Old Civil Code says:
When the nullity arises from the illegality of the consideration or the object of the contract, if the fact constitutes a crime or misdemeanour common to both contracting parties, they shall have no action against each other, and proceedings shall be instituted against them, and furthermore, the things or sum which may have been the object of the contract shall be applied as prescribed in the Penal Code with regard to the goods or instruments of the crime or misdemeanour. (See United States v. Gomez Ricoy, supra, at 600.
30United States v. Gomez Ricoy, supra note 28, at 601.
31United States v. Tan Jenjua, supra note 19, at 42-43.
32Id.
33 The Court held:
The act of which the accused is charged and as it appears to have been committed constitutes prima facie a crime. The decision of his inculpability and the judgment of acquittal were premature, the trial not having been terminated either on behalf of the prosecution or defense. The latter had not been able to offer or introduce any testimony, and it appears that on frequent occasions during the taking of the testimony for the prosecution the defense was not allowed to introduce testimony in its behalf, which was postponed to the proper time.
The accused being entitled to a full and complete trial, we are of the opinion that the judgment of acquittal rendered by the Court of First Instance must be set aside and the case remanded, with directions to the court to continue the same from the point in which it was interrupted by the decision, without retaking the testimony received up to that time, which, insofar as it may be relevant and competent, may be considered, and such evidence as may be offered by the accused, and any additional evidence which either of the parties may be entitled to introduce will be taken in the manner prescribed by law. x x x. (United States v. Gomez Ricoy, supra note 28, at 598.
34United States v. Tan Jenjua, supra note 19, at 43 and United States v. Kilayko, supra note 20, at 374.
35Id.
36United States v. Tan Jenjua, supra note 19, at 43. See also United States v. Kilayko, supra note 20, at 374-375.
37United States v. Kilayko, supra note 20, at 375.