G.R. No. 186101 - Gina A. Domingo v. People of The Philippines
G.R. No. 186101 - Gina A. Domingo v. People of The Philippines
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G.R. No. 186101 - Gina A. Domingo v. People of the Philippines 5/31/21, 9:19 PM
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THIRD DIVISION
DECISION
The Case
This is an appeal from the Decision1 dated November 24, 2008 of the Court of
Appeals (CA) in CA-G.R. CR No. 31158 entitled People of the Philippines v. Gina A.
Domingo, which affirmed the Decision2 dated May 21, 2007 in Criminal Case Nos. Q-
98-75971-87 of the Regional Trial Court (RTC), Branch 80 in Quezon City. The RTC
convicted petitioner Gina Domingo (petitioner) of 17 counts of Estafa through
Falsification of Commercial Document.
The Facts
Being the wife of the best friend of Remedios' son, petitioner had a close relationship
with Remedios and her family.
On June 15, 1995, Remedios accompanied petitioner to BPI because the latter
wanted to open an account therein. Remedios then introduced petitioner to the
bank's staff and officers. Soon thereafter, petitioner frequented Remedios' office and
volunteered to deposit her checks in her bank account at BPI.
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G.R. No. 186101 - Gina A. Domingo v. People of the Philippines 5/31/21, 9:19 PM
Sometime in October 1996, Remedios wanted to buy a car thinking that she already
had a substantial amount in her account. Thus, she went to BPI to withdraw two
hundred thousand pesos (PhP 200,000). To her surprise, however, she found out
that her money had already been withdrawn. The withdrawals were effected through
18 encashment slips bearing her forged signatures reaching the amount of eight
hundred thirty-eight thousand pesos (PhP 838,000). She denied having affixed her
signatures on the encashment slips used.
Testimonies showed that on several occasions beginning September 18, 1995 until
October 18, 1996, petitioner presented a number of encashment slips of various
amounts to BPI, and by virtue of which she was able to withdraw huge amounts of
money from the checking account of the complainant. She deposited the bigger
portion of these amounts to her own account and pocketed some of them, while also
paying the rest to Skycable. The transactions were processed by four tellers of BPI,
namely: Regina Ramos, Mary Antonette Pozon, Sheila Ferranco, and Kim Rillo who
verified the signatures of the complainant on the questioned encashment slips.
Amount paid
Amount Amount
to Skycable Name of
withdrawn deposited
Date of (PS) or Teller who
via to
encashment slip Pocketed processed the
encashment accused's
(Po) by the transaction
slip account
accused
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G.R. No. 186101 - Gina A. Domingo v. People of the Philippines 5/31/21, 9:19 PM
17. Oct. 4,
40,000.00 40,000.00 none Kim P. Rillo
1996
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G.R. No. 186101 - Gina A. Domingo v. People of the Philippines 5/31/21, 9:19 PM
account, the latter complained to the bank for allowing the withdrawal of the money
with the use of falsified encashment slips and demanded that the amount illegally
withdrawn be returned. She was required by BPI to submit checks bearing her
genuine signature for examination by the Philippine National Police (PNP) Crime
Laboratory. After examination, Josefina dela Cruz of the PNP Crime Laboratory came
up with a finding that complainant's signatures on the questioned encashment slips
had been forged. Only then did the bank agree to pay her the amount of PhP
645,000 representing a portion of the amount illegally withdrawn with the use of the
forged encashment slips.
In her defense, petitioner testified that she is a dentist, practicing her profession in
her house at No. 21, Alvarez Street, Cubao, Quezon City. She further stated that she
knew Remedios as the owner of the house that she and her husband were renting at
No. 3 New Jersey Street, New Manila, Quezon City. She declared that she never used
"Perez" as an alias or nickname and that the signatures appearing on the questioned
encashment slips were not hers.
Petitioner, however, admitted that she was once a depositor of BPI Aurora Boulevard
branch, having opened an account in said bank sometime in June 1995. She had
been maintaining said account until she was arrested in 1998. She used to frequent
the bank three times a week or as the need arose for her bank transactions, for
which reason, she and the bank tellers had become familiar with each other. She
knows that, like her, Remedios was also a depositor of BPI Aurora Boulevard branch,
but there was no occasion that they met each other in the bank.
That on or about the 18th day of October 1996, in Quezon City, Philippines, the
above-named accused, a private individual, by means of false pretenses and/or
fraudulent acts executed prior to or simultaneously with the commission of the fraud
and by means of falsification of commercial document did, then and there willfully,
unlawfully and feloniously defraud Remedios D. Perez and/or the Bank of the
Philippine Islands represented in the following manner, to wit: said accused falsified
or caused to be falsified an encashment slip of Bank of the Philippine Islands dated
October 18, 1996 for P40,000.00, Philippine Currency, by then and there filling up
said encashment slip and signing the name of one Remedios D. Perez, a depositor of
said bank under Account No. 3155-0572-61, thereby making it appear, as it did
appear that said encashment slip is genuine in all respect, when in truth and in fact
said accused well knew that Remedios D. Perez never signed the said encashment
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G.R. No. 186101 - Gina A. Domingo v. People of the Philippines 5/31/21, 9:19 PM
slip; that once said encashment slip was forged and falsified in the manner set forth,
accused pretending to be the said Remedios D. Perez used it to withdraw the
aforesaid sum of P40,000.00 from the latter's account, and once, in possession of
the said amount of money misappropriated, misapplied and converted the same to
her own personal use and benefit, to the damage and prejudice of the offended
party.
CONTRARY TO LAW.3
The allegations in the Information in Criminal Case Nos. Q-98-75972-87 are all
substantially the same as those in Criminal Case No. Q-98-75971, except for the
dates of the commission of the crime or dates of the BPI encashment slips and the
amounts involved, to wit:
Upon motion by the prosecution, the 17 cases were consolidated and tried jointly by
the trial court. When arraigned, petitioner pleaded not guilty to each of the crimes
charged in the 17 Informations. Trial on the merits ensued with the prosecution
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G.R. No. 186101 - Gina A. Domingo v. People of the Philippines 5/31/21, 9:19 PM
On May 21, 2007, the RTC rendered its Decision, the dispositive portion of which
reads:
1. In Criminal Case No. Q-98-75971 - Two (2) Years, Eleven (11) Months
and Eleven (11) Days of [prision] correccional to Seven (7) Years and
Twenty One (21) Days of prision mayor;
2. In Criminal Case No. Q-98-75972 - Two (2) Years, Eleven (11) Months
and Eleven (11) Days of [prision] correccional to Seven (7) Years and
Twenty One (21) Days of prision mayor;
3. In Criminal Case No. Q-98-75973 - Two (2) Years, Eleven (11) Months
and Eleven (11) Days of [prision] correccional to Seven (7) Years and
Twenty One (21) Days of prision mayor;
4. In Criminal Case No. Q-98-75974 - Two (2) Years, Eleven (11) Months
and Eleven (11) Days of [prision] correccional to Eight (8) Years and
Twenty One (21) Days of prision mayor;
5. In Criminal Case No. Q-98-75975 - Two (2) Years, Eleven (11) Months
and Eleven (11) Days of [prision] correccional to Seven (7) Years and
Twenty One (21) Days of prision mayor;
6. In Criminal Case No. Q-98-75976 - Two (2) Years, Eleven (11) Months
and Eleven (11) Days of [prision] correccional to Six (6) Years and Twenty
One (21) Days of prision mayor;
7. In Criminal Case No. Q-98-75977 - Two (2) Years, Eleven (11) Months
and Eleven (11) Days of [prision] correccional to Eight (8) Years and
Twenty One (21) Days of prision mayor;
8. In Criminal Case No. Q-98-75978 - Two (2) Years, Eleven (11) Months
and Eleven (11) Days of [prision] correccional to Seven (7) Years and
Twenty One (21) Days of prision mayor;
9. In Criminal Case No. Q-98-75979 - Two (2) Years, Eleven (11) Months
and Eleven (11) Days of [prision] correccional to Eight (8) Years and
Twenty One (21) Days of prision mayor;
10. In Criminal Case No. Q-98-75980 - Two (2) Years, Eleven (11) Months
and Eleven (11) Days of [prision] correccional to Seven (7) Years and
Twenty One (21) Days of prision mayor;
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G.R. No. 186101 - Gina A. Domingo v. People of the Philippines 5/31/21, 9:19 PM
11. In Criminal Case No. Q-98-75981 - Two (2) Years, Eleven (11) Months
and Eleven (11) Days of [prision] correccional to Seven (7) Years and
Twenty One (21) Days of prision mayor;
12. In Criminal Case No. Q-98-75982 - Two (2) Years, Eleven (11) Months
and Eleven (11) Days of [prision] correccional to Six (6) Years and Twenty
One (21) Days of prision mayor;
13. In Criminal Case No. Q-98-75983 - Two (2) Years, Eleven (11) Months
and Eleven (11) Days of [prision] correccional to Seven (7) Years and
Twenty One (21) Days of prision mayor;
14. In Criminal Case No. Q-98-75984 - Two (2) Years, Eleven (11) Months
and Eleven (11) Days of [prision] correccional to Seven (7) Years and
Twenty One (21) Days of prision mayor;
15. In Criminal Case No. Q-98-75985 - Two (2) Years, Eleven (11) Months
and Eleven (11) Days of [prision] correccional to Six (6) Years and Twenty
One (21) Days of prision mayor;
16. In Criminal Case No. Q-98-75986 - Two (2) Years, Eleven (11) Months
and Eleven (11) Days of [prision] correccional to Six (6) Years and Twenty
One (21) Days of prision mayor;
17. In Criminal Case No. Q-98-7598[7] - Two (2) Years, Eleven (11)
Months and Eleven (11) Days of [prision] correccional to Six (6) Years and
Twenty One (21) Days of prision mayor;
Further, the accused is hereby ordered to pay BPI and/or Remedios Perez the total
sum of Six Hundred Thirty Five Thousand Pesos (P635,000.00), as civil indemnity,
plus six percent (6%) interest per annum from the time of the filing of these cases,
until fully paid.
The bond posted by the accused for her provisional liberty is hereby canceled.
SO ORDERED.5
On appeal, the CA, in its Decision dated November 24, 2008, disposed of the case as
follows:
SO ORDERED.6
The CA held that petitioner was the one who authored the crimes of which she was
convicted reasoning that she was the only person who stood to be benefited by the
falsification of the document in question; thus, the presumption that she is the
material author of the falsification is present.
Moreover, petitioner's theory that the crimes committed were perpetrated by the
bank tellers or is an inside job cannot be sustained because of the lack of any
evidence showing that the tellers harbored any ill motive against her. The CA
emphasized that the defense of denial, unsubstantiated by clear and convincing
evidence, is negative and self-serving and merits no weight in law; it cannot be
given greater evidentiary value than the testimony of credible witnesses who
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G.R. No. 186101 - Gina A. Domingo v. People of the Philippines 5/31/21, 9:19 PM
The Issues
II
Our Ruling
Substantially, the issues raised boil down to the question of whether or not the
evidence adduced by the prosecution is sufficient to establish the guilt of petitioner
beyond reasonable doubt.
Petitioner contends that the decision of the lower court is not supported by the
evidence on record and that this evidence cannot sustain in law the requirements of
proof beyond reasonable doubt for the crime for which she was charged.
Specifically, petitioner claims that, as a matter of policy, the bank personnel verified
the signature cards of private complainant Remedios before any encashment can be
drawn against the account of Remedios. Thus, petitioner contends that the
signatures in the encashment slips are genuine as found by the staff and manager of
BPI and that the cases filed against her are the products of inside jobs. Further, she
argues that the results of the examinations conducted by Josefina dela Cruz of the
PNP Crime Laboratory lack evidentiary value, since the report only stated that the
signatures on the Encashment/Withdrawal Slips were different from the genuine
signatures of Remedios based on the checks, which contained the genuine
signatures of Remedios, but did not state that the signatures belong to petitioner. ςηαñrοblεš νιr†υαl lαω lιbrαrÿ
Article 172 of the Revised Penal Code (RPC) punishes any private individual who
commits any of the acts of falsification enumerated in Art. 171 of the Code in any
public or official document or letter of exchange or any other kind of commercial
document. The acts of falsification enumerated in Art. 171 are:
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G.R. No. 186101 - Gina A. Domingo v. People of the Philippines 5/31/21, 9:19 PM
As borne by the records, all the elements of the crime are present in the instant
case. Petitioner is a private individual who presented to the tellers of BPI 17 forged
encashment slips on different dates and of various amounts. The questioned
encashment slips were falsified by petitioner by filling out the same and signing the
name of the private complainant, thereby making it appear that Remedios signed
the encashment slips and that they are genuine in all respects, when in fact
petitioner knew very well that Remedios never signed the subject encashment slips.
In her testimony, Remedios categorically denied having filled out and signed any of
the subject encashment slips on the dates indicated on them. Her testimony is
further strengthened by the testimonies of the bank manager and the bank tellers,
who facilitated the banking transactions carried out by petitioner with their branch.
Their testimonies were coherent and consistent in narrating that it was indeed
petitioner who presented the encashment slips, received the proceeds of the
transactions, and/or caused the transfer of the money to her own bank account.
Moreover, the testimony of Josefina dela Cruz (dela Cruz) bolsters the findings of the
trial court that the alleged signatures of Remedios in the encashment slips are
forged, to wit:
Q: Using the method you employed in the examination of questioned and standard
signatures of Remedios Perez, will you please elaborate the study you made? cralawred
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G.R. No. 186101 - Gina A. Domingo v. People of the Philippines 5/31/21, 9:19 PM
handwriting? cralawred
A: First of all the manner of execution. The manner of execution is slow while in the
execution of the standard, it is moderate. The line quality in the questioned
signature, there is presence of tremors in the strokes while in the standard
signatures, all the strokes are smooth. In the capital 'R' in the questioned signature,
there is presence of re-trace strokes while in the standard signature, there is no re-
trace strokes. In the downward portion of the letter 'R' in the questioned signature,
the direction is downward while in the standard it is horizontal. Now the angular
strokes following the capital 'R' is traced in the middle part of the letter 'R', the
downward portion while in the standard, it is found in the last stroke of capital 'R'. In
the middle name letter 'D', the shape is more rounded on the questioned signature
but in the standard it is more elongated. In the loop of the family name, it is more
rounded in questioned signature[;] while in the standard, it is more elongated. With
that, I was able to conclude that the questioned signatures Remedios D. Perez
marked 'Q-1' to 'Q-36' standard signatures of Remedios Perez marked 'S-1' to 'S-27'
inclusive were not written by one and the same person.7
As found by the trial court, the totality of the testimonies of Remedios, dela Cruz,
the handwriting expert, and the bank tellers bears the earmarks of truth that the
questioned encashment slips had been falsified by petitioner and that they were
presented to the bank in order to defraud the bank or holder of the account.
Additionally, the Court has held that in gauging the relative weight to be given to the
opinion of handwriting experts, the following standards are adhered to:
We have held that the value of the opinion of a handwriting expert depends not upon
his mere statements of whether a writing is genuine or false, but upon the
assistance he may afford in pointing out distinguishing marks, characteristics and
discrepancies in and between genuine and false specimens of writing which would
ordinarily escape notice or detection from an unpracticed observer. The test of
genuineness ought to be the resemblance, not the formation of letters in some other
specimens but to the general character of writing, which is impressed on it as the
involuntary and unconscious result of constitution, habit or other permanent course,
and is, therefore itself permanent.8
Moreover, it cannot be said that since none of the prosecution witnesses saw the
falsification actually done by petitioner, she cannot be held liable. The bank tellers
who processed the illegal transactions of petitioner involving the account of
Remedios were consistent in their testimonies that it was petitioner herself who
presented the encashment slips and received the proceeds of the slips. In such a
situation, the applicable rule is that if a person has in his possession a falsified
document and he made use of it, taking advantage of it and profiting from it, the
presumption is that he is the material author of the falsification.9 In the instant case,
petitioner has failed to overthrow the presumption.
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G.R. No. 186101 - Gina A. Domingo v. People of the Philippines 5/31/21, 9:19 PM
Even more, petitioner would have this Court believe that the crime of falsification of
a commercial document did not exist because Remedios and BPI did not suffer any
damage. Such argument is specious. It has been ruled that damage or intent to
cause damage is not an element in falsification of a commercial document, because
what the law seeks to repress is the prejudice to the public confidence in such
documents.11
Therefore, the acts of petitioner clearly satisfy all the essential elements of the crime
of Falsification of Commercial Document.
It has been held that whenever a person carries out on a public, official, or
commercial document any of the acts enumerated in Art. 171 of the RPC as a
necessary means to perpetrate another crime, such as estafa or malversation, a
complex crime is formed by the two crimes.12
Under Art. 48 of the RPC, a complex crime refers to: (1) the commission of at least
two grave or less grave felonies that must both (or all) be the result of a single act;
or (2) one offense must be a necessary means for committing the other (or others).
In general, the elements of estafa are: (1) that the accused defrauded another (a)
by abuse of confidence or (b) by means of deceit; and (2) that damage or prejudice
capable of pecuniary estimation is caused to the offended party or third person.
Deceit is the false representation of a matter of fact, whether by words or conduct,
by false or misleading allegations, or by concealment of that which should have been
disclosed; and which deceives or is intended to deceive another so that he shall act
upon it, to his legal injury.
In the case before us, all the elements of estafa are present. Once petitioner
acquired the possession of the amounts she encashed by means of deceit, she
misappropriated, misapplied, and converted the same to her own personal use and
benefit, to the damage and prejudice of the private complainant and BPI.
Without a doubt, the falsification of the encashment slips was a necessary means to
commit estafa. At that time, the offense of falsification is already considered
consummated even before the falsified document is used to defraud another.
Therefore, the trial court aptly convicted petitioner for the complex crime of Estafa
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G.R. No. 186101 - Gina A. Domingo v. People of the Philippines 5/31/21, 9:19 PM
In the instant case, petitioner's defense of denial crumbles in the face of the positive
identification made by the prosecution witnesses during trial. As enunciated by this
Court, "[p]ositive identification where categorical and consistent and not attended by
any showing of ill motive on the part of the eyewitnesses on the matter prevails over
alibi and denial."15 The defense has miserably failed to show any evidence of ill
motive on the part of the prosecution witnesses as to falsely testify against her.
Thus, between the categorical statements of the prosecution witnesses, on the one
hand, and bare denials of the accused, on the other hand, the former must,
perforce, prevail.16
We accord the trial court's findings the probative weight it deserves in the absence
of any compelling reason to discredit its findings. It is a fundamental judicial dictum
that the findings of fact of the trial court are not disturbed on appeal, except when it
overlooked, misunderstood, or misapplied some facts or circumstances of weight and
substance that would have materially affected the outcome of the case. We find that
the trial court did not err in convicting petitioner of the crime of Estafa through
Falsification of Commercial Document.
WHEREFORE, the appeal is DENIED for failure to sufficiently show reversible error in
the assailed decision. The Decision dated November 24, 2008 of the CA in CA-G.R.
CR No. 31158 is AFFIRMED.
No costs.
SO ORDERED.
Endnotes:
1 Rollo, pp. 56-78. Penned by Associate Justice Myrna Dimaranan Vidal and concurred in by Associate Justices Jose L.
Sabio, Jr. and Jose C. Reyes, Jr.
3 Id. at 38-39.
4 Id. at 39.
5 Id. at 52-54.
6 Id. at 78.
7 Id. at 45-46.
8 Eduarte v. Court of Appeals, G.R. No. 105944, February 9, 1996, 253 SCRA 391, 399; citations omitted.
10 Monteverde v. People, G.R. No. 139610, August 12, 2002, 387 SCRA 196.
14 People v. Aguilar, G.R. No. 177749, December 17, 2007, 540 SCRA 509; People v. Castillo, G.R. No. 118912, May 28,
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G.R. No. 186101 - Gina A. Domingo v. People of the Philippines 5/31/21, 9:19 PM
15 People v. Abolidor, G.R. No. 147231, February 18, 2004, 423 SCRA 260.
16 People v. Bello, G.R. No. 92597, October 4, 1994, 237 SCRA 347; People v. Carizo, G.R. No. 96510, July 6, 1994,
233 SCRA 687.
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