Desmoparan v. People

 

Desmoparan v. People

G.R. No. 233598

March 27, 2019

FACTS:

                The RTC and CA convicted Juvy Desmoparan for the crime of estafa through falsification of commercial documents. Desmoparan applied for a salary loan (Php105,000) from Cebu CFI. He misrepresented himself as Rodulfo M. Cordura. He was then given Php40,000. It caused to appear the Rodulfo, not Desmoparan, was the one who applied.

ISSUE:

                Whether or not Desmoparan be held liable despite no proof that he was the author of the falsification

HELD:

                Yes. The absence of a direct proof that Desmoparan was the author of the falsification is of no moment for the rule remains that whenever someone has in his possession falsified documents and uttered or used the same for his advantage and benefit, the presumption that he authored it arises. This is especially true if the use or uttering of the forged documents was so closely connected in time with the forgery that the user or possessor may be proven to have the capacity of committing the forgery, or to have close connection with the forgers, and therefore, had complicity in the forgery. [25] In the absence of a satisfactory explanation, as in this case, one who is found in possession of a forged document and who used or uttered it is presumed to be the forger.  The Court held that the falsification of loan documents was a necessary means to commit estafa. The elements of estafa are as follows: (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.

                In Domingo v. People, the Court held that falsification of a commercial document may be a means of committing estafa because, before the falsified document is actually utilized to defraud another, the crime of falsification has already been consummated. Actually utilizing that falsified public, official or commercial document to defraud another is estafa. But the damage is caused by the commission of estafa, not by the falsification of the document. Wherefore, the petition is denied. Desmoparan’s conviction is affirmed.

 

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