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    People v. Estrada

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    Noreenesse Santos
    People v. Estrada - G.R. Nos. 164368-69 (April 2, 2009) Commonwealth Act No. 142, as amended by Republic Act (R.A.) No. 6085 (CA 142)

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    People v. Estrada

    Uploaded by

    Noreenesse Santos
    925 views2 pages
    People v. Estrada - G.R. Nos. 164368-69 (April 2, 2009) Commonwealth Act No. 142, as amended by Republic Act (R.A.) No. 6085 (CA 142)

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    People v. Estrada - G.R. Nos. 164368-69 (April 2, 2009) Commonwealth Act No. 142, as amended by Republic Act (R.A.) No. 6085 (CA 142)

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    925 views2 pages

    People v. Estrada

    Uploaded by

    Noreenesse Santos
    People v. Estrada - G.R. Nos. 164368-69 (April 2, 2009) Commonwealth Act No. 142, as amended by Republic Act (R.A.) No. 6085 (CA 142)

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    G.R. Nos. 164368-69 People v.

    Estrada April 2, 2009

    People of the Philippines, Joseph Ejercito Estrada and The Honorable Special
    petitioner Division of the Sandiganbayan,
    respondents
    Brion, J.

    FACTS:
    The People of the Philippines files this petition for review on certiorari to seek the reversal of the
    Sandiganbayans joint resolution dated July 12, 2004 granting respondent Joseph Ejercito Estradas
    demurrer to evidence in Crim. Case No. 26565.
    On April 4, 2001 an information for plunder was filed with the Sandiganbayan against respondent Estrada,
    among other accused. Separate information for illegal use of alias, was likewise filed against him. In the
    information, it was alleged that on or about February 4, 2000, in the city of Manila, then President Estrada
    without having been duly authorized, judicially or administratively, taking advantage of his position and
    committing the offense in relation to office i.e. in order to CONCEAL the ill-gotten wealth he acquired
    during his tenure and his true identity as the President of the Republic of the Philippines, did then there,
    willfully, unlawfully and criminally represent himself as Jose Velarde in several transactions and used and
    employed the said alias Jose Velarde which is neither his registered name at birth nor his baptismal name,
    in signing documents with Equitable PCI Bank and or other corporate entities.
    Estrada was subsequently arrested on the basis of a warrant of arrest that the Sandiganbayan issued, as
    Special Division in the Sandiganbayan was made to try hear and decide the charges of Plunder and related
    cases against respondent Estrada. At the trial, the people presented testimonial and documentary evidence
    to prove the allegations of the informations for plunder, illegal use of alias and perjury.
    After the people rested in all three cases, the defense moved to be allowed to file a demurrer to evidence
    in these cases. In its joint resolution, the Sandiganbayan only granted the defense leave to file demurrers in
    illegal use of alias and perjury. The Sandiganbayan ruled that the people failed to present evidence that
    proved Estrada commission of the offense.

    ISSUE:
    Whether or not the court a qou gravely erred and abused its discretion in dismissing Crim. Case 26565, and in
    applying RA. No. 1405 as an exception to the illegal use of alias punishable under Commonwealth Act. 142.

    HELD:
    NO.
    The Sandiganbayan position that the rule in the law of Libel, that mere communication to a third person is
    publicity, does not apply to violations of CA No. 142. In order to held liable of CA No. 142 the user of the
    alias must have held himself out as a person who shall be publicly be known under that other name. In
    other words the intent to publicly use the alias must be manifest. The presence of Lacquian and Chua when
    Estrada sign as Jose Velarde and open trust account number C-163 does not necessarily indicate his
    intention to be publicly known henceforth as Jose Velarde. Thus Estrada could not be said to have intended
    his signing as Jose Velarde to be for public consumption by the fact alone that Laquian and Chua were also
    inside the room at that time. The same holds true for Estradas alleged representation with Ortaleza and
    Dichavez, assuming the evidence for these representations to be admissible. All of Estrdas representations
    to these people were made in privacy and in secrecy, with no iota of intention of publicity.
    G.R. Nos. 164368-69 People v. Estrada April 2, 2009

    Bank deposits under RA No. 1405 (the Secrecy of Bank Deposits Law) are statutorily protected or
    recognize zone of privacy. Given the private nature of Estradas act of signing the documents as Jose
    Velarde related to the opening of the trust account, the people cannot claim that there is already a public
    use of alias when Ocampo and Curato witnessed the signing.
    Petition was denied.

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