552 Phil. 786
CHICO-NAZARIO, J.:
That on or about March 7, 1984, in the City of Cavite, Republic of the Philippines and within the jurisdiction of this Honorable Court, the above-named accused, received from Leonardo A. Jose one (1) seven carat diamond (men's ring), valued at P200,000.00, for the purpose of selling the same on commission basis and to deliver the proceeds of the sale thereof or return the jewelry if not sold, on or before March 15, 1984, but the herein accused once in possession of the above-described articles, with intent to defraud and with grave abuse of confidence, did, then and there, willfully, unlawfully and feloniously misappropriate, misapply and convert the same to his own personal use and benefit and notwithstanding repeated demands made by Leonardo A. Jose for the return of the jewelry or the delivery of the proceeds of the sale thereof, failed to do so, to the damage and prejudice of the aforesaid Leonardo A. Jose in the abovestated amount of P200,000.00, Philippine Currency.[3]Petitioner's wife, Marietta M. Isip, was indicted before the same court for seven counts of Violation of Batas Pambansa Blg. 22, otherwise known as the Bouncing Checks Law. The cases were docketed as Criminal Cases No. 146-84, 147-84, 148-84, 149-84, 155-84, 156-84 and 157-84. The accusatory portion of the information in Criminal Case No. 146-84 reads:
That on or about March 27, 1984, in the City of Cavite, Republic of the Philippines and within the jurisdiction of this Honorable Court, the above-named accused, knowing fully well that her account with the bank is insufficient, did, then and there, willfully, unlawfully, feloniously and knowingly issue Pacific Banking Corporation Check No. 518672 in the amount of P562,000.00, in payment for assorted pieces of jewelry, received from Leonardo A. Jose, which check upon presentation with the drawee bank for payment was dishonored for insufficiency of funds and notwithstanding repeated demands made by Leonardo A. Jose for the redemption of the said check, accused refused and still refuses to do so, to the damage and prejudice of the aforesaid Leonardo A. Jose in the above-stated amount of P562,000.00, Philippine Currency.[4]The six other Informations are similarly worded except for the date when the offense was committed, the number and amount of the check. The pertinent data in the other informations are as follows:
Crim. Case No. | Date of Commission | No. of Check | Amount of Check |
147-84 148-84 149-84 155-84 156-84 157-84 | 17 March 1984 30 March 1984 12 March 1984 25 March 1984 29 March 1984 1 April 1984 | 518644 518645 030086[5] 518674 518646 518669 | P50,000.00 P50,000.00 P150,000.00 P95,000.00 P90,000.00 P25,000.00 |
That on or about March 20, 1984, in the City of Cavite, Republic of the Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating together and mutually helping one another, received from one Leonardo A. Jose the following pieces of jewelry, to wit: one (1) set dome shape ring and earrings valued at P120,000.00, with the obligation of selling the same on commission basis and deliver the proceeds of the sale thereof or return them if not sold, on or before March 21, 1984, but the herein accused, once in possession of the said jewelry by means of false pretenses, with intent to defraud and with grave abuse of confidence, did, then and there, willfully, unlawfully and feloniously misappropriate, misapply and convert them to their own personal use and benefit and paid the same with Check Nos. 518646 and 518669, dated March 29, 1984 and April 1, 1984, respectively, in the amount of P90,000 and P25,000, respectively, which upon presentation with the bank was dishonored for insufficiency of funds and notwithstanding repeated demands made by Leonardo A. Jose for the redemption of the said check, failed to do so, to his damage and prejudice in the abovestated amount of P120,000.00, Philippine Currency.[6]Except for the description and value of the pieces of jewelry involved, date of receipt and agreed date of return, and the number, date and amount of the checks issued in payment thereof, the four other informations are similarly worded. The specifics thereof are as follows:
Crim. Case No. | Value of Jewelry | Date of Receipt | Agreed Date of Return | Check No./Date | Amount |
257-84 260-84 261-84 378-84 | P150,000 P95,000 P562,000 P200,000 | 03-07-84 03-20-84 03-20-84 02-03-84 | 03-30-84 03-27-84 03-27-84 - | 030086/03-12-84 518647/03-25-84 518672/03-27-84 518644/03-17-84 518645/03-30-84 | P150,000 P95,000 P562,000 P50,000 P50,000 |
i) Prosecution Version. –On November 25, 1996, the trial court rendered its decision, the dispositive portion thereof reading:
Sometime in 1982, appellant spouses Manuel and Marietta Isip were introduced to complainant Atty. Leonardo Jose. The introduction was made by complainant's father, Nemesio, business associate of the Isips. Nemesio and the Isips were then engaged in the buy and sell of pledged and unredeemed jewelry pawned by gambling habitu's (pp. 8-16, tsn, June 8, 1993).
Needing a bigger capital to finance the growing operation, the Isips convinced complainant to be their capitalist, a proposition to which complainant acceded to (p. 14, ibid).
Thus, the operation went smoothly – that was before February, 1984 (pp. 14-18, tsn, ibid).
On February 3, 1984, at complainant's residence in Caridad, Cavite City, appellant spouses received from complainant a 6 carat men's ring valued at P200,000.00 with the condition that they are going to sell said jewelry x x x on commission basis for P200,000.00 and if they are not able to sell the same, they have to return the ring if sold on or before March 3, 1984 (p. 8, tsn, October 15, 1993).
On March 3, 1984, the Isips did not return the ring or the proceeds thereof. Instead, Marietta Isip issued two (2) personal checks dated March 17 and 30, 1984, respectively, for P50,000.00 each as partial payment for the jewelry. The receipt of the jewelry was acknowledged by Marietta Isip with Manuel acting as a witness (pp. 9-11, tsn, ibid).
This particular men's ring is the subject of Criminal Case No. 378-84 for Estafa while Check Nos. 518644 and 518645 (Pacific Banking Corp.) dated March 17 and 30, respectively, are the subject of Criminal Case Nos. 147-84 and 148-84.
In the morning of March 7, 1984, the Isip couple went again to complainant's residence in Caridad, Cavite City where complainant delivered one (1) Choker Pearl with 35 pieces of south sea pearls with diamond worth P150,000.00. The condition was that the proceeds be turned over to complainant on or before March 30, 1984 (pp. 27-29, tsn, ibid). March 30, 1984 came, but instead of turning over the proceeds or return the Choker Pearl, Mrs. Isip issued a check dated March 12, 1984 for P150,000.00 (RCBC check No. 030086) as payment (p. 34, ibid).
This is the subject of Criminal Case No. 254-84 for Estafa against the spouses and Criminal Case No. 149-84 for violation of BP 22 against Marietta Isip.
In the afternoon of the same day, Mr. Manuel Isip went to complainant's residence in Cavite City and got from the latter a men's ring (7 carats) worth P200,000.00. Mr. Isip signed a receipt with the condition that he return the ring or deliver the proceeds, if sold, on or before March 15, 1984. March 15, 1984 came, but Mr. Isip sought an extension which fell due on April 7, 1984. April 7, 1984 came and went by, but Mr. Isip defaulted (pp. 41-46, tsn, ibid). The above is the subject matter of Criminal Case No. 136-84 for Estafa against Manuel Isip.
On March 20, 1984, the Isips went again to Cavite City and got from complainant one (1) Dome shaped ring with matching earring with diamonds valued at P120,000.00. As with their previous agreement, the item was to be returned or the proceeds of the sale be delivered on March 21, 1984 (pp. 48-52, tsn, ibid). The following morning, however, Mrs. Isip issued two (2) personal checks (Check Nos. 518646 and 518669 dated March 29, 1984 for P90,000.00 and P25,000.00, respectively) in payment for the Dome shaped ring (p. 53, tsn, ibid).
This is the subject of Criminal Case No. 256084 for Estafa against the spouses Isip and Criminal Case Nos. 156-84 and and (sic) 157-84 for Violation of BP 22 against Marietta Isip.
At noontime on the same day, the Isip couple went back to the residence of complainant and got from him one (1) collar heart shaped necklace and one (1) baguette necklace worth P95,000.00 (p. 60, tsn, ibid). As agreed upon, Marietta Isip signed a receipt with the condition that the jewelry or the proceeds thereof be delivered to complainant on March 27, 1984. The Isips defaulted and instead, Mrs. Isip issued a check (Check No. 518647) dated March 27, 1984 in the amount of P90,000.00 (pp. 3-5, tsn, October 22, 1993).
The subject pieces of jewelry are the subject of Criminal Case No. 260-84 for Estafa against the Isip couple and Criminal Case No. 155-84 for Violation of BP 22 against Marietta Isip.
Again, in the early evening of March 20, 1984, the Isips went to complainant informing him that Balikbayan doctors are having a convention in Vigan, Ilocos Sur saying that, that was the most opportune time to sell jewelries. Assorted pieces of jewelry were delivered to Mrs. Isip as reflected in a receipt duly signed by her (Exhibit "O") acknowledging the value thereof to the tune of P562,000.00.
Exhibit "O" contained the promise that the jewelry or proceeds thereof will be delivered on March 27, 1984. Inspite of the promise contained in Exhibit "O", Mrs. Isip issued a postdated check (Check No. 51867) dated March 27, 1984 in the amount of P562,000.00 as payment for the assorted pieces of jewelry (pp. 8-12, tsn, October 22, 1993).
This is the subject matter of Criminal Case No. 261-84 for Estafa against the couple and Criminal Case No. 146-84 against Marietta Isip for Violation of BP 22.
All of the checks covered by the above transactions were deposited on April 6, 1984 (p. 14, tsn, ibid), but all of them bounced for being drawn against insufficient funds. Demand letters sent to the couple proved futile (pp. 15-20, ibid).
ii) Defense Version.
During all the times material to these cases, complainant Leonardo Jose, who had his residence at Room 411, 4th Floor, Plaza Towers Condominium on (sic) 3375 Guerrero Street, Ermita, Manila, but claims he had his ancestral home at 506 P. Burgos Street, Caridad, Cavite, was an employee of the Bureau of Customs, having been so since 1964 (Tr., 6/8/93, 7). Upon the other hand, appellants Manuel S. Isip (Manuel hereafter) and Marietta M. Isip (Marietta hereafter) are spouses, residents at 3635 M. Arellano Street, Bacood, Sta. Mesa, Manila (Tr., 8/29/93, 4) and engaged in various business undertakings in Pampanga, Nueva Ecija, Baguio City, Olongapo City and Bataan (Tr., Idem, 9; Tr., 10/2/95, 13) – appellant Manuel, in the brokerage and trucking business; while appellant Marietta, in that of selling jewelry and financing, as well as in PX goods, real estate and cars, which she started when she was still single (Tr., Idem, 9-10; Tr., 10/2/95, 12). In 1982, at the casino in Olongapo City, appellant Marietta started obtaining jewelry from losing or financially-strapped players which she repledged as security for financing she obtained from one Nemesio Jose, father of complainant Leonardo Jose (Tr., Idem, 11-12; Tr., Idem, 14). After about a year, when Nemesio Jose ran short of capital, he referred appellants to his son, complainant Leonardo Jose, with address at the Plaza Towers Condominium aforesaid for needed financing (Tr., Idem, 13-14; Tr., Idem, 17-19). Beginning early 1983, at complainant's residence at Plaza Tower Condominium in Manila, appellant Marietta, accompanied by her husband who participated only as a witness, started having transactions with complainant who, on different dates in February, March and April, 1984, extended various amounts to her for which appellant Marietta pledged jewelry which, in turn, were agreed between her and complainant to be sold on commission and to turn over the proceeds thereof or return the jewelry to complainant (Tr., Idem, 16-18). In the course of the transactions, appellant Marietta had issued several checks to complainant as guarantee for the payment of the subject jewelry which have either been paid or redeemed, had returned the unsold jewelry to complainant and had conveyed, by way of payment for other jewelry, some personal properties, like brass and antics, and real properties in Balanga, Bataan and Mabalacat, Pampanga, to complainant who caused the same to be registered in the names of his son, Christian Jose, and his wife, Zenaida Jose (Exhibits 1, 2, 2-A, 3, 4, 5, 6, 6-A, 7, 7-A), with the result that all the obligations of appellants to complainant have already been paid for or offset (Tr., Idem, 23; Tr., Idem, 24, 34-36, 37-39; Tr., 3/4/96, 7-8). Also, all the checks that appellant Marietta issued which were initially dishonored have already been (sic) (Tr., 10/2/95, 25-30; Tr., 3/4/96, 8-9). In fact, complainant caused the dismissal of some cases he filed against appellants. Complainant however failed to return some of the redeemed and/or paid checks issued to him by appellant Marietta on the pretext that he did not bring them (Tr., 3/4/96, 20). Inasmuch as appellant Marietta incurred some default in payment and complainant suspected that she would not be able to redeem the checks or pay for the pledged jewelry, complainant demanded that appellants sign certain documents to avoid any misunderstanding, with threat of prosecution before the Cavite courts if they do not comply (Tr., Idem, 19-20; Tr., 3/4/96, 5-6). So, in order to maintain good relations with complainant, appellant Marietta signed the document acknowledging obligations to him in one sitting, which appellant Manuel witnessed (Tr., Idem, 21-22). Later, appellants learned that, although all the transactions were entered into in Manila, complainant filed the cases herein before the Cavite Regional Trial Court (Tr., Idem, 23-24).[7]
WHEREFORE, in view of the foregoing, the Court finds the accused Dra. Marietta M. Isip guilty beyond reasonable doubt of a (sic) violation of B.P. 22 in Crim. Cases Nos. 146-84, 147-84, 148-84, 149-84, 155-84, 156-84 and 157-84 and she is hereby sentenced to undergo imprisonment of One (1) year of prision correctional (sic) in each case; and of Estafa in the following Crim. Cases: No. 256-84 where she is sentenced to undergo imprisonment of, from Twelve (12) years of prision mayor, as minimum, to Twenty (20) years of reclusion temporal, as maximum, and to indemnify the complainant Atty. Leonardo Jose the amount of P120,000.00 for the value of the articles misappropriated; Crim. Case No. 257-84 where she is sentenced to undergo imprisonment of, from Twelve (12) years of prision mayor, as minimum, to Twenty (20) years of reclusion temporal, as maximum, and to indemnify the complainant Atty. Leonardo Jose the amount of P150,000.00; Crim. Case No. 260-84 where she is sentenced to undergo imprisonment of, from Eight (8) years and One (1) day of prision mayor, as minimum, to Seventeen (17) years of reclusion temporal, as maximum, and to indemnify the complainant Atty. Leonardo Jose the amount of P95,000.00; Crim. Case No. 261-84 where she is sentenced to undergo imprisonment of, from Twelve (12) years and One (1) day of reclusion temporal, as minimum, to Twenty (20) years of reclusion temporal, as maximum, and to indemnify the complainant Atty. Leonardo Jose the amount of P562,000.00; Crim. Case No. 378-84 where she is sentenced to undergo imprisonment of, from Twelve (12) years and One (1) day of reclusion temporal, as minimum, to Twenty (20) years of reclusion temporal, as maximum, and to indemnify the complainant Atty. Leonardo Jose the amount of P200,000.00 and to pay the costs.In ruling the way it did, the RTC found that the transactions involved in these cases were sufficiently shown to have taken place at complainant Atty. Leonardo Jose's ancestral house in Cavite City when the latter was on leave of absence from the Bureau of Customs where he was connected. It said the defense failed to substantially prove its allegations that the transactions occurred in Manila, particularly in the Towers Condominium, and that complainant is a resident of Bigasan, Makati. It added that the testimony of Marietta Isip that the money with which the complainant initially agreed to finance their transactions was withdrawn from the Sandigan Finance in Cavite City further refuted the defense's claim that the transactions happened in Manila. The trial court likewise found the defense's contention, that the obligations were already paid and set-off with the turnover to complainant of personal and real properties, to be untenable for it is contrary to human nature to demand payment when the same had already been made and the alleged set-offs were for other cases which were settled amicably and subsequently dismissed upon motion of the City Prosecutor's Office at the instance of the complainant.
Likewise, accused Manuel Isip is acquitted in Crim. Cases Nos. 256-84, 257-84, 260-84, 261-84 and 378-84. However, in Crim. Case No. 136-84, he is hereby found guilty of Estafa and he is hereby sentenced to undergo imprisonment of, from Twelve (12) years and One (1) day of reclusion temporal, as minimum, to Twenty (20) years of reclusion temporal, as maximum, to indemnify the complainant Atty. Leonardo Jose in the amount of P200,000.00 value of the jewelry misappropriated, and to pay the costs.[8]
Before the Court of Appeals could have decided the case, Marietta Isip died thereby extinguishing her criminal and civil liability, if any.- I -
THE TRIAL COURT ERRED IN TAKING COGNIZANCE OF AND DECIDING THE CASES AGAINST APPELLANTS AND IN NOT DISMISSING THE SAME UPON THE GROUND THAT NONE OF THE ESSENTIAL INGREDIENTS OF THE OFFENSES CHARGED THEREIN WAS COMMITTED WITH (SIC) ITS TERRITORIAL JURISDICTION.- II -
THE TRIAL COURT, ASSUMING IT HAD JURISDICTION OVER THE CASES BELOW, ERRD IN NOT HOLDING THAT NO CRIMINAL LIABILITY UNDER BATAS PAMBANSA BLG. 22 WAS INCURRED BY APPELLANT MARIETTA M. ISIP FOR THE ISSUANCE OF THE SUBJECT CHECKS INASMUCH AS SAID CHECKS WERE ISSUED AS MERE GUARANTY FOR OBLIGATIONS INCURRED.- III -
THE TRIAL COURT, ASSUMING ANY INCIPIENT LIABILITY FOR THE CRIME OF ESTAFA HAD BEEN INCURRED BY APPELLANTS IN THE PREMISES, ERRED IN NOT HOLDING THAT SUCH INCIPIENT LIABILITY HAD BEEN EXTINGUISHED BY PAYMENTS/REDEMPTIONS MADE AND/OR NOVATION ENTERED INTO BETWEEN COMPLAINANT AND SAID APPELLANTS.- IV -
THE TRIAL COURT ERRED IN FINDING APPELLANTS MANUEL S. ISIP AND MARIETTA M. ISIP GUILTY BEYOND REASONABLE DOUBT OF THE CRIMES OF ESTAFA AND VIOLATION OF BATAS PAMBANSA BLG. 22 RESPECTFULLY IMPUTED UPON THEM AND IN NOT ACQUITTING THEM UPON THE GROUND THAT THEIR GUILT THEREOF, OR OF ANY CRIME FOR THAT MATTER, HAD NOT BEEN ESTABLISHED BEYOND REASONABLE DOUBT AND/OR THAT THE LIABILITY INCURRED BY THEM, IF ANY, IS MERELY CIVIL.[9]
WHEREFORE, the appealed decision of the Regional Trial Court of Cavite City (Branch XVII) –The Court of Appeals upheld the lower court's finding that the venue was properly laid and that the checks were delivered by the two accused and/or that the transactions transpired at complainant's ancestral home in Cavite City, and that, consequently, the offenses charged took place within its territorial jurisdiction. With respect to the seven counts of violation of Batas Pambansa Blg. 22, the appellate court acquitted Marietta Isip of the charges on the ground that since the checks involved were issued prior to 8 August 1984, the dishonor thereof did not give rise to a criminal liability pursuant to Ministry Circular No. 4 of the Ministry of Justice.
- In Crim. Case No. 136-84 is AFFIRMED with the MODIFICATIONS that the sentence imposed on accused-appellant Manuel S. Isip shall be two (2) years of prision correccional, as minimum, to twenty (20) years of reclusion temporal, as maximum, and that the sum of P200,000.00 he was ordered to pay to Leonardo A. Jose shall bear interest at the legal rate from filing of the information until fully paid;
- In Crim. Cases Nos. 146-84, 147-84, 148-84, 149-84, 155-84, 156-84 and 157-84 is REVERSED and accused-appellant Marietta M. Isip ACQUITTED of the crimes charged; and
- In Crim. Cases Nos. 256-84, 257-84, 260-84, 261-84 and 378-84 is REVERSED and accused-appellants Manuel S. Isip and Marietta M. Isip ACQUITTED of the crimes charged, but ordering them to pay to Leonardo A. Jose, jointly and severally, the sums of P120,000.00, P150,000.00, P95,000.00, P562,000.00 and P200,000.00 representing the amounts involved in said cases, plus interest thereon at the legal rate from filing of the information until fully paid.[10]
WHEREFORE, the decision dated October 26, 2004 is AMENDED in respect to par. 3 of the dispositive portion thereof which shall now read as follows:Petitioner is now before us appealing his conviction in Criminal Case No. 136-84. He raises the following issues:"3. In Crim. Cases Nos. 256-84, 257-84, 260-84, 261-84 and 378-84 is REVERSED, accused-appellants Manuel S. Isip and Marietta M. Isip ACQUITTED of the crimes charged and the civil aspect of those cases DISMISSED."[13]
First – WHETHER OR NOT THE TRIAL COURT HAD JURISDICTION OVER THE OFFENSE IMPUTED TO PETITIONER AND FOR WHICH HE WAS CONVICTED;On the first issue, petitioner maintains that the RTC had no jurisdiction over the estafa charge in Criminal Case No. 136-84 and it is pure speculation and conjectural, if not altogether improbable or manifestly absurd, to suppose that any of the essential elements of the Estafa charged in Criminal Case No. 136-84 took place in Cavite City. First, he states that the residence of the parties is immaterial and that it is the situs of the transaction that counts. He argues that it is non sequitur that simply because complainant had an alleged ancestral house in Caridad, Cavite, complainant actually lived there and had the transactions there with him when he and his late wife were actual residents of Manila. Mere convenience suggests that their transaction was entered into in Manila. He adds that the source of the fund used to finance the transactions is likewise inconsequential because it is where the subject item was delivered and received by petitioner and/or where it was to be accounted for that determines venue where Estafa, if any, may be charged and tried. Second, he further argues that it does not follow that because complainant may have been on leave from the Bureau of Customs, the transactions were necessarily entered into during that leave and in Cavite City. He asserts that there is no competent proof showing that during his leave of absence, he stayed in Cavite City; and that the transactions involved, including the subject of Criminal Case 136-84 covering roughly the period from February to April 1984, coincided with his alleged leave.
Second – WHETHER THE EVIDENCE SUFFICIENTLY SHOWS THAT PETITIONER RECEIVED THE SUBJECT OF SAID OFFENSE OR THAT HE RECEIVED IT IN CAVITE CITY; and
Third, WHETHER THE INCIPIENT CRIMINAL LIABILITY ARISING FROM SAID OFFENSE, IS (sic) ANY, WAS EXTINGUISHED BY NOVATION.