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  • People vs. Digoro

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    DAblue Rey
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    Camolo Digoro was charged with counterfeiting treasury and bank notes under Article 166 of the Revised Penal Code. The case was provisionally dismissed against two other accused. An amended information charged Camolo Digoro with illegal possession of counterfeit treasury and bank notes under Article 168. Camolo Digoro pleaded guilty. However, possession alone is not a criminal offense - the possession must be with intent to use. The information alleged intent to possess rather than intent to use. Intent to use cannot be clearly inferred. Therefore, the judgment was set aside and the case remanded for new prosecution under a valid information.

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    Camolo Digoro was charged with counterfeiting treasury and bank notes under Article 166 of the Revised Penal Code. The case was provisionally dismissed against two other accused. An amended information charged Camolo Digoro with illegal possession of counterfeit treasury and bank notes under Article 168. Camolo Digoro pleaded guilty. However, possession alone is not a criminal offense - the possession must be with intent to use. The information alleged intent to possess rather than intent to use. Intent to use cannot be clearly inferred. Therefore, the judgment was set aside and the case remanded for new prosecution under a valid information.

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    © All Rights Reserved
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    453 views1 page

    People vs. Digoro

    Uploaded by

    DAblue Rey
    Camolo Digoro was charged with counterfeiting treasury and bank notes under Article 166 of the Revised Penal Code. The case was provisionally dismissed against two other accused. An amended information charged Camolo Digoro with illegal possession of counterfeit treasury and bank notes under Article 168. Camolo Digoro pleaded guilty. However, possession alone is not a criminal offense - the possession must be with intent to use. The information alleged intent to possess rather than intent to use. Intent to use cannot be clearly inferred. Therefore, the judgment was set aside and the case remanded for new prosecution under a valid information.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    of 1

    THE PEOPLE OF THE PHILIPPINES, plaintiff and appellee, vs.

    CAMOLO DIGORO alias PANONDIONGAN, defendant and appellant.

    CFI of Lanao: charged Counterfeiting of Treasury and Bank Notes under Article 166 of the Revised
    Penal Code against Camolo Digoro, Hadji Solaiman Digoro and Macasasab Dalomangco.

    The case was provisionally dismissed, upon the Provincial Fiscal's motion, in regard to the accused
    Digoro and Dalomangcob.

    Amended info was filed against Camolo Digoro, captioned "For: Illegal Possession of Counterfeit
    Treasury and Bank Notes".

    FACTS: accused, did then and there willfully, unlawfully and feloniously, with intent to possess, have
    in his possession, custody and control, 100-peso bill, 20-peso bill, 10-peso bill, 5-peso bill, 2-peso
    bill and 1-Peso bill denominations in resemblance or similitude to a genuine treasury or bank notes
    issued by the Government of the Republic of the Philippines, thus in violation of Article 168 of the
    Revised Penal Code. Accused pleaded guilty to the amended info.

    Possession of false treasury or bank notes alone without anything more, is not a criminal offense.
    For it to constitute an offense under Article 168 of the Revised Penal Code the possession must be
    with intent to use said false treasury or bank notes. From the provision of the law the foregoing is
    clear:

    ART. 168. Illegal possession and use of false treasury or bank notes and other instruments
    of credit.—Unless the act be one of those coming under the provisions of any of the
    preceding articles, any person who shall knowingly use or have in his possession, with intent
    to use any of the false or falsified instruments referred to in this section, shall suffer the
    penalty next lower in degree than that prescribed in said articles.

    A plea of guilty to such an information, therefore, does not warrant conviction of the accused. A plea
    of guilty is an admission only of the material allegations of the information but not that the facts thus
    alleged constitute an offense.

    From the allegations in the information to which the accused pleaded guilty, intent to use cannot be
    clearly inferred. It is true it was stated that the accused possessed the false treasury and bank notes.
    Such statements, however, are not allegations of facts but mere conclusions that the facts alleged
    constitute the offense sought to be charged. Furthermore, the information alleged "intent to possess"
    instead of intent to use. Such allegation precludes clear inference of intent to use, in the absence of
    express allegation of the latter, since intent to use entails intent to part with the possession.

    Wherefore, the judgment appealed is hereby set aside and the case is remanded for new
    prosecution under an appropriate and valid information.

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