17 People v. Tibayan
17 People v. Tibayan
17 People v. Tibayan
*
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PALMY
TIBAYAN and RICO Z. PUERTO, accused-appellants.
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* FIRST DIVISION.
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PERLAS-BERNABE, J.:
Assailed in this ordinary appeal1 filed by accused-appellants
Palmy Tibayan (Tibayan) and Rico Z. Puerto
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1 See Notice of Appeal dated July 10, 2013; Rollo, pp. 24-25.
261
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2 Id., at pp. 3-23. Penned by Associate Justice Mario V. Lopez, with Associate
Justices Jose C. Reyes, Jr. and Socorro B. Inting, concurring.
3 See Joint Decision in Crim. Case Nos. 04-0391, 06-0042, and 06-0045 penned
by Judge Erlinda Nicolas-Alvaro; CA Rollo (C.A.-G.R. CR No. 33063), pp. 39-50.
4 See Joint Decision in Crim. Case Nos. 04-0619, 04-0622, 04-0627, 04-0635,
and 04-0636; CA Rollo (C.A.-G.R. CR No. 33562),
pp. 28-42.
5 See Joint Decision in Crim. Case Nos. 05-0710, 05-0779, 05-0784, 05-0803,
and 05-0809; CA Rollo (C.A.-G.R. CR No. 33669),
pp. 29-41.
6 See Joint Decision in Crim. Case Nos. 04-0070, 04-0085, 04-0125, 04-0330,
04-0441, and 04-0714; CA Rollo (C.A.-G.R. CR No. 33660), pp. 20-32.
7 See Decision in Crim. Case No. 04-1028; CA Rollo (C.A.-G.R. CR No. 33939),
pp. 25-32.
8 See Joint Decision in Crim. Case Nos. 04-0570, 04-0567, 04-0598, and 04-
0613; CA Rollo (C.A.-G.R. CR No. 34398), pp. 41-53.
9 Entitled “Increasing the Penalty for Certain Forms of Swindling or Estafa”
(April 6, 1980).
10 Rollo, pp. 4-5.
262
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11 Id., at p. 5.
12 The criminal cases were ultimately decided in six (6) separate RTC Decisions,
as follows: (a) the 1st RTC Decision covered Crim. Case Nos. 04-0391, 06-0042, and
06-0045; (b) the 2nd RTC Decision covered Crim. Case Nos. 04-0619, 04-0622, 04-
0627, 04-0635, and 04-0636; (c) the 3rd RTC Decision covered Crim. Case Nos. 05-
0710, 05-0779, 05-0784, 05-0803, and 05-0809; (d) the 4th RTC Decision covered
Crim. Case Nos. 04-0070, 04-0085, 04-0125, 04-0330, 04-0441, 04-0714; (e) the 5th
RTC Decision covered Crim. Case No. 04-1028; and (f) the 6th RTC Decision
covered Crim. Case Nos. 04-0570, 04-0567, 04-0598, and 04-0613.
13 Rollo, p. 6.
14 Id., at p. 5.
15 Id., at p. 7.
16 Id., at p. 6.
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VOL. 746, JANUARY 14, 2015 263
People vs. Tibayan
est rates, as well as the assurance that they will recover their
investments. After giving their money to TGICI, private
complainants received a Certificate of Share and postdated checks,
representing the amount of the principal investment and the monthly
interest earnings, respectively.17 Upon encashment, the checks were
dishonored, as the account was already closed, prompting private
complainants to bring the bounced checks to the TGICI office to
demand payment. At the office, the TGICI employees took the said
checks, gave private complainants acknowledgement receipts, and
reassured that their investments, as well as the interests, would be
paid. However, the TGICI office closed down without private
complainants having been paid and, thus, they were constrained to
file criminal complaints against the incorporators and directors of
TGICI.18
In their defense, accused-appellants denied having conspired with
the other TGICI incorporators to defraud private complainants.
Particularly, Puerto claimed that his signature in the Articles of
Incorporation of TGICI was forged and that since January 2002, he
was no longer a director of TGICI. For her part, Tibayan also
claimed that her signature in the TGICI’s Articles of Incorporation
was a forgery, as she was neither an incorporator nor a director of
TGICI.19
The RTC’s Rulings
On various dates, the RTC issued six (6) separate decisions
convicting Tibayan of 13 counts and Puerto of 11 counts of estafa
under Item 2(a), Paragraph 4, Article 315 of the RPC in relation to
PD 1689, to wit: (a) in a Joint Decision20 dated December 4, 2009,
the RTC found accused-appellants guilty beyond reasonable doubt
of three (3) counts of estafa, sentenc-
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17 Id., at p. 7.
18 Id.
19 Id., at pp. 9-10.
20 CA Rollo (C.A.-G.R. CR No. 33063), pp. 39-50.
264
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265
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266
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267
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268
The elements of estafa by means of deceit under this provision
are the following: (a) that there must be a false pretense or
fraudulent representation as to his power, influence, qualifications,
property, credit, agency, business or imaginary transactions; (b) that
such false pretense or fraudulent representation was made or
executed prior to or simultaneously with the commission of the
fraud; (c) that the offended party relied on the false pretense,
fraudulent act, or fraudulent means and was induced to part with his
money or property; and (d) that, as a result thereof, the offended
party suffered damage.41
In relation thereto, Section 1 of PD 1689 defines Syndicated
Estafa as follows:
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41 People v. Chua, G.R. No. 187052, September 13, 2012, 680 SCRA 575, 592,
citing Sy v. People, G.R. No. 183879, April 14, 2010, 618 SCRA 264, 271.
269
Thus, the elements of Syndicated Estafa are: (a) estafa or other
forms of swindling, as defined in Articles 315 and 316 of the RPC,
is committed; (b) the estafa or swindling is committed by a
syndicate of five (5) or more persons; and (c) defraudation results in
the misappropriation of moneys contributed by stockholders, or
members of rural banks, cooperative, “samahang nayon(s),” or
farmers’ associations, or of funds solicited by
42
corporations/associations from the general public.
In this case, a judicious review of the records reveals TGICI’s
modus operandi of inducing the public to invest in it on the
undertaking that their investment would be returned with a very high
monthly interest rate ranging from three to five and a half percent
(3%-5.5%).43 Under such lucrative promise, the investing public are
enticed to infuse funds into TGICI. However, as the
directors/incorporators of TGICI knew from the start that TGICI is
operating without any paid-up capital and has no clear trade by
which it can pay the assured profits to its investors,44 they cannot
comply with their guarantee and had to simply abscond with their
investors’ money. Thus, the CA correctly held that accused-
appellants, along with the other accused who are still at
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42 Galvez v. Court of Appeals, G.R. Nos. 187919, 187979, and 188030, February
20, 2013, 691 SCRA 455, 467.
43 See Rollo, p. 7.
44 “It has been held that where one states that the future profits or income of an
enterprise shall be a certain sum, but he actually knows that there will be none, or that
they will be substantially less than he represents, the statements constitute an
actionable fraud where the hearer believes him and relies on the statement to his
injury.” (People v. Menil, Jr., 394 Phil. 433, 453; 340 SCRA 125, 143 [2000], citing
People v. Balasa, 356 Phil. 362, 387; 295 SCRA 49, 77 [1998])
270
271
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48 Eusebio-Calderon v. People, 484 Phil. 87, 98; 441 SCRA 137, 146 (2004).
49 Id.
272