Kim v. PP PDF
Kim v. PP PDF
SECOND DIVISION
G.R. No. 84719, January 25, 1991
YONG CHAN KIM, PETITIONER, VS. PEOPLE OF THE PHILIPPINES,
HON. EDGAR D. GUSTILO, PRESIDING JUDGE, RTC, 6TH JUDICIAL
REGION, BRANCH 28 ILOILO CITY AND COURT OF APPEALS (13TH
DIVISION), RESPONDENTS.
DECISION
PADILLA, J.:
1. The decision dated 3 September 1986 of the 15th Municipal Circuit Trial
Court (Guimbal-Igbaras-Tigbauan-Tubungan) in Guimbal, Iloilo, in Criminal
Case No. 628,[1] and the affirming decision of the Regional Trial Court, Branch
XXVIII, Iloilo City, in Criminal Case No. 20958, promulgated on 30 July
1987;[2]
On 15 June 1982, petitioner was issued Travel Order No. 2222 which covered
his travels to different places in Luzon from 16 June to 21 July 1982, a period of
thirty five (35) days. Under this travel order, he received P6,438.00 as cash
advance to defray his travel expenses.
Within the same period, petitioner was issued another travel order, T.O. 2268,
requiring him to travel from the Head Station at Tigbauan, Iloilo to Roxas City
from 30 June to 4 July 1982, a period of five (5) days. For this travel order,
petitioner received a cash advance of P495.00.
In September 1983, two (2) complaints for Estafa were filed against the
petitioner before the Municipal Circuit Trial Court at Guimbal, Iloilo, docketed
as Criminal Case Nos. 628 and 631.
After trial in Criminal Case No. 628, the Municipal Circuit Trial Court rendered
a decision, the dispositive part of which reads as follows:
"IN VIEW OF THE FOREGOING CONSIDERATIONS, the court finds the
accused, Yong Chan Kim, guilty beyond reasonable doubt for the crime of
Estafa penalized under paragraph 1(b) of Article 315, Revised Penal
Code. Records disclose there is no aggravating circumstance proven by the
prosecution. Neither there is any mitigating circumstance proven by the
accused. Considering the amount subject of the present complaint, the
imposable penalty should be in the medium period of arresto mayor in its
maximum period to prision correccional in its minimum period in accordance
with Article 315, No. 3, Revised Penal Code. Consonantly, the Court hereby
sentences the accused to suffer an imprisonment ranging from four (4) months
as the minimum to one (1) year and six (6) months as the maximum in
accordance with the Indeterminate Sentence Law and to reimburse the amount
of P1,230.00 to SEAFDEC.
"The surety bond of the accused shall remain valid until final judgment in
accordance herewith.
Petitioner appealed from the decision of the Municipal Circuit Trial Court in
Criminal Case No. 628. On 30 July 1987, the Regional Trial Court in Iloilo City
in Criminal Case No. 20958 affirmed in toto the trial court's decision.[6]
On 30 October 1987, petitioner filed with the appellate court a petition for
review. As earlier stated, on 29 April 1988, the Court of Appeals dismissed the
petition for having been filed out of time. Petitioner's motion for reconside-
ration was denied for lack of merit.
In our Resolution of 29 May 1989, we resolved to deny the petition for failure
of petitioner to sufficiently show that the Court of Appeals had committed any
reversible error in its questioned judgment which had dismissed petitioner's
petition for review for having been filed out of time.[8]
Petitioner filed a motion for reconsideration maintaining that his petition for
review did not limit itself to the issue upon which the appellate court's decision
of 29 April 1988 was based, but rather it delved into the substance and merits of
the case.[9]
On 10 August 1990, we resolved to set aside our resolution dismissing this case
and gave due course to the petition. In the said resolution, we stated:
"In several cases decided by this Court, it had set aside technicalities in the Rules
in order to give way to justice and equity. In the present case, we note that the
petitioner, in filing his Notice of Appeal the very next day after receiving the
decision of the court a quo, lost no time in showing his intention to appeal,
although the procedure taken was not correct. The Court can overlook the
wrong pleading filed, if strict compliance with the rules would mean sacrificing
justice to technicality. The imminence of a person being deprived unjustly of
his liberty due to procedural lapse of counsel is a strong and compelling reason
to warrant suspension of the Rules. Hence, we shall consider the petition for
review filed in the Court of Appeals as a Supplement to the Notice of
Appeal. As the Court declared in a recent decision, ‘x x x there is nothing
sacred about the procedure of pleadings. This Court may go beyond the
pleadings when the interest of justice so warrants. It has the prerogative to
suspend its rules for the same purpose. x x x Technicality, when it deserts its
proper office as an aid to justice and becomes its great hindrance and chief
enemy, deserves scant consideration from courts. [Alonzo v. Villamor, et al., 16
Phil. 315]’
Conscience cannot rest in allowing a man to go straight to jail, closing the door
to his every entreaty for a full opportunity to be heard, even as he has made a
prima facie showing of a meritorious cause, simply because he had chosen an
appeal route, to be sure, recognized by law but made inapplicable to his case,
under altered rules of procedure. While the Court of Appeals can not be faulted
and, in fact, it has to be lauded for correctly applying the rules of procedure in
appeals to the Court of Appeals from decisions of the RTC rendered in the
exercise of its appellate jurisdiction, yet, this Court, as the ultimate bulwark of
human rights and individual liberty, will not allow substantial justice to be
sacrificed at the altar of procedural rigor."[10]
In the same resolution, the parties were required to file their respective
memoranda, and in compliance with said resolution, petitioner filed his
memorandum on 25 October 1989, while private respondent SEAFDEC filed
its required memorandum on 10 April 1990. On the other hand, the Solicitor
General filed on 13 March 1990 a Recommendation for Acquittal in lieu of the
required memorandum.
The second issue has been resolved in our Resolution dated 10 August 1990,
when we granted petitioner's second motion for reconsideration. We shall now
proceed to the first issue.
(a) x x x x x x x x x
"4. All cash advances must be liquidated within 30 days after date of projected
return of the person. Otherwise, corresponding salary deduction shall be made
immediately following the expiration day."
Liquidation simply means the settling of an indebtedness. An employee, such as
herein petitioner, who liquidates a cash advance is in fact paying back his debt in
the form of a loan of money advanced to him by his employer, as per diems and
allowances. Similarly, as stated in the assailed, decision of the lower court, "if
the amount of the cash advance he received is less than the amount he spent for
actual travel x x x he has the right to demand reimbursement from his employer
the amount he spent coming from his personal funds."[12] In other words, the
money advanced by either party is actually a loan to the other. Hence, petitioner
was under no legal obligation to return the same cash or money, i.e., the bills or
coins, which he received from the private respondent.[13]
Article 1933 and Article 1953 of the Civil Code define the nature of a simple
loan.
"Art. 1933. By the contract of loan, one of the parties delivers to another, either
something not consumable so that the latter may use the same for a certain time
and return it, in which case the contract is called a commodatum; or money or
other consumable thing, upon the condition that the same amount of the same
kind and quality shall be paid, in which case the contract is simply called a loan
or mutuum.
In commodatum the bailor retains the ownership of the thing loaned, while in
simple loan, ownership passes to the borrower."
"Art. 1953. - A person who receives a loan of money or any other fungible thing
acquires the ownership thereof, and is bound to pay to the creditor an equal
amount of the same kind and quality."
The ruling of the trial judge that ownership of the cash advanced to the
petitioner by private respondent was not transferred to the latter is
erroneous. Ownership of the money was transferred to the petitioner. Even
the prosecution witness, Virgilio Hierro, testified thus:
"Q. When you gave cash advance to the accused in this Travel Order No.
2222 subject to liquidation, who owns the funds, accused or
SEAFDEC? How do you consider the funds in the possession of the
accused at the time when there is an actual transfer of cash? x x x
A The one drawing cash advance already owns the money but subject to
liquidation. If he will not liquidate, he is obliged to return the amount.
A Yes, but subject for liquidation. He will be only entitled for that
credence if he liquidates.
A Yes, sir.
SO ORDERED.