J.A.B. Bulao & Associates

CASE 2020-0035: MARTIN N. LIM, JR., VS. MARIA CONCEPCION D. LINDAG (G.R. No. 234405, DECEMBER 9, 2020, PERALTA, C. J.) (SUBJECT/S: ESTAFA THROUGH MISAPPROPRIATION; MORAL DAMAGES; EXEMPLARY DAMAGES; CIVIL LIABILITY IN CASE OF ACQUITTAL) (BRIEF TITLE: LIM VS LINDAG)

DISPOSITIVE:

“WHEREFORE, the petition is DENIED. The May 18, 2017 Decision and the September 6, 2017 Resolution of the Court of Appeals in CA-G.R. CV No. 104923 are hereby AFFIRMED with MODIFICATIONS. Accordingly, petitioner Martin N. Lim, Jr. is ORDERED to PAY the amount of Pl,300,000.00 as actual damages subject to six percent (6%) per annum interest rate from the date of finality of this decision until fully paid. The award of moral damages, exemplary damages and attorney’s fees are DELETED.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

RESPONDENT BOUGHT CONDO FROM SAN JOSE BUILDERS. PETITIONER WAS SALES AGENT OF SELLER. RESPONDENT ISSUED TWO CROSSED  CHECKS TO PETITIONER. ONE CHECK AS PAYMENT AND ANOTHER FOR EXPENSES TO TRANSFER TITLE. RESPONDENT DISCOVERED PAYMENT CHECK WAS ENCASHED BUT NOT BY SAN JOSE BUILDERS. PETITIONER SAID HE WAS ROBBED AND CHECKS WERE TAKEN FROM HIM. ESTAFA CASES WERE FILED. BUT THESE CASES WERE DISMISSED ON GROUND OF REASONABLE DOUBT. BUT COURT (CA) RULED THAT PETITIONER IS CIVILLY LIABLE FOR VALUE OF CHECKS, MORAL DAMAGES, NOMINAL DAMAGES AND ATTYS FEES. SC AFFIRMED WITH MODIFICATION DELETING MORAL DAMAGES, NOMINAL DAMAGES AND ATTYS FEES.

PETITIONER ARGUES THAT SINCE HE WAS FOUND WITHOUT CRIM LIABILITY HE MUST NOT ALSO BE CIVILLY LIABLE. IS PETITIONER CORRECT?

NO. IN CASE ACQUITTAL IS BASED ON REASONABLE DOUBT, ACCUSED MAY BE HELD CIVILLY LIABLE.

“Petitioner maintains that there is no basis for civil liability because he was found innocent of the crime charged. Such argument must fail. It is entrenched in jurisprudence, that the extinction of penal action does not carry with it the extinction of civil action where (a) the acquittal is based on reasonable doubt as only a preponderance of evidence is required; (b) the court declares that the liability of the accused is only civil; and ( c) the civil liability of the accused does not arise from or is not based upon the crime of which the accused was acquitted.”

IS PETITIONER ENTITLED TO MORAL DAMAGES, EXEMPLARY DAMAGES AND ATTYS FEES?

NO. TO BE ENTITLED TO MORAL DAMAGES THERE MUST BE PLEADING AND PROOF. EXEMPLARY DAMAGES ARE ONLY IN ADDITION TO MORAL DAMAGES WHICH MUST BE PROVEN FIRST.

WHAT ARE THE FOUR ELEMENTS OF ESTAFA THRU MISAPPROPRIATION?

• that the money, good or other personal property is received by the offender in trust, of on commission, of for administration, or under any other obligation involving the duty to make delivery of, or to return, the same;

• that there be misappropriation or conversion of such money or property by the offender or denial on his part of such receipt;

• that such misappropriation or conversion or denial is to the prejudice of another; and

• that there is demand made by the offended party on the offender.

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CASE 2020-0034: PEOPLE OF THE PHILIPPINES VS. JEFFREY DERECO y HAYAG (SUBJECT/S: RAPE) (G.R. NO. 243625, DECEMBER 2, 2020, PERALTA, C.J) (BRIEF TITLE: PEOPLE VS DERECO)

DISPOSITIVE:

WHEREFORE, the April 11, 2017 Decision of the Court of Appeals in CA-G.R. No. CR-HC No. 08172, finding accused-appellant Jeffrey Dereco y Hayag GUILTY beyond reasonable doubt of rape, as defined in and penalized under Article 266-A of the Revised Penal Code, is AFFIRMED. He is hereby sentenced to suffer the penalty of reclusion perpetua and ORDERED to PAY AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. All monetary awards for damages shall earn an interest rate of six percent ( 6%) per annum to be computed from the finality of this Decision until fully paid.

So Ordered.

SUBJECTS/DOCTRINES/DIGEST:

ACCUSED COULD ALSO HAVE BEEN CONVICTED OF RAPE THROUGH SEXUAL ASSAULT PUNISHABLE UNDER PAR 2 OF ART 266-A OF THE REVISED PENAL CODE. BUT THE PROSECUTION FAILED TO INCLUDE IT IN THE INFORMATION.

It is fundamental that, in criminal prosecutions, every element constituting the offense must be alleged in the Information before an accused can be convicted of the crime charged. No matter how conclusive and convincing the evidence of guilt may be, an accused cannot be convicted of any offense unless it is charged in the information on which he is tried or is necessarily included therein. To convict him of a ground not alleged while he is concentrating his defense against the ground alleged would plainly be unfair and underhanded. Thus, the prosecuting arm of the Government is reminded that prudence should be exercised as to what should be alleged in the Information, as the latter is the battleground of all criminal cases. 29

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DISPOSITIVE:

“WHEREFORE, premises considered, the consolidated petitions for review filed by petitioners Maximo A. Borje (G.R. No. 236810) and Conchita M. Dela Cruz (G.R. No. 236807), dated March 12, 2018, and March 9, 2018, respectively, are DENIED for lack of merit. Consequently, the Decision of the Sandiganbayan dated November 10, 2016, in the consolidated Criminal Case No. 28100 and Criminal Case No. 28253, and its Resolution dated January 15, 2018 are AFFIRMED with the MODIFICATION that in Criminal Case No. 28100 for Estafa through Falsification of Official/Commercial Documents, petitioners are sentenced to suffer imprisonment of from six ( 6) months and one ( 1) day of prisi6n correccional, as minimum, to ten (10) years and one (1) day of prisi6n mayor-, as maximum, and to pay a FINE in the amount of P5,000.00, with subsidiary imprisonment in case of insolvency.

SO ORDERED.”

SUBJECTS/DOCTRINES/DIGEST:

CAN A  PRIVATE INDIVIDUAL BE CONVICTED UNDER A LAW PUNISHING ACTS OF PUBLIC OFFICIALS?

YES IF THE PRIVATE INDIVIDUAL IS IN CONSPIRACY WITH THE PUBLIC OFFICIALS.

“As discussed above, petitioner Dela Cruz is in conspiracy with the other co-accused. Without the participation of petitioner Dela Cruz in the falsification of Cash Invoices through her sole proprietorship DEB, the reimbursements amounting to PS, 166,539.00 would not have been facilitated. Thus, since petitioner Dela Cruz is in conspiracy with the other co-accused, it is of no moment that she is not a public officer. She is guilty beyond reasonable doubt of violation of Section 3(e) ofR.A. No. 3019.”

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