LOPEZ, J., J.:
That at about 3:00 o'clock [sic] in the afternoon of [November 10, 2018] at the waiting shed in front of Bukidnon Provincial Hospital, National [H]ighway, [B]arangay San Miguel, [M]unicipality of Manolo Fortich, [P]rovince of Bukidnon, Philippines, within the jurisdiction of this [H]onorable [C]ourt, the said accused, did then and there willfully, unlawfully, criminally possess counterfeit Philippine currencies, accused knowing fully well these Philippine currencies to be forged or falsified, and attempt to sell the same, to wit:Upon arraignment, Gacasan pleaded not guilty to the charge. Pre-trial followed, and thereafter, trial on the merits ensued.[5]
Denomination Serial Number No. of Pcs Amount 1 1000-piso BH389032 24 [PHP] 24,000.00 2 -do- BH389033 1 1,000.00 3 -do- BH389034 1 1,000.00 4 -do- BH389035 1 1,000.00 5 -do- BH389036 1 1,000.00 6 -do- BH389037 1 1,000.00 7 -do- BH389038 1 1,000.00 8 -do- BH389039 1 1,000.00 9 -do- BH389040 1 1,000.00 10 -do- BH389041 1 1,000.00 11 -do- BH389042 1 1,000.00 12 -do- BH389043 1 1,000.00 13 -do- BH389044 1 1,000.00 14 -do- BH389045 1 1,000.00 15 -do- BH389046 1 1,000.00 16 -do- BH389047 1 1,000.00 17 -do- BH389048 1 1,000.00 18 -do- BH389049 1 1,000.00 19 -do- BH389050 1 1,000.00 20 -do- BH389051 1 1,000.00 21 -do- BH389052 1 1,000.00 22 -do- BH389053 1 1,000.00 23 -do- BH389054 1 1,000.00 24 -do- BH389055 1 1,000.00 25 -do- BH389056 1 1,000.00 26 -do- BH389057 1 1,000.00 27 -do- BH389058 1 1,000.00 28 -do- BH389059 1 1,000.00 29 -do- BH389060 1 1,000.00 30 -do- BH389061 1 1,000.00 31 -do- BH389062 1 1,000.00 32 -do- BH389063 1 1,000.00 33 -do- BH389064 1 1,000.00 34 -do- BH389065 1 1,000.00 35 -do- BH389066 1 1,000.00 36 -do- BH389067 1 1,000.00 37 -do- GF389429 1 1,000.00 38 -do- GF389430 1 1,000.00 39 -do- GF389431 1 1,000.00 40 -do- GF389432 1 1,000.00 41 -do- GF389433 1 1,000.00 42 -do- GF389434 1 1,000.00 43 -do- GF389435 1 1,000.00 44 -do- GF389436 1 1,000.00 45 -do- GF389437 1 1,000.00 46 -do- GF389438 1 1,000.00 47 -do- GF389440 1 1,000.00 48 -do- CK275270 1 1,000.00 49 -do- CK275271 1 1,000.00 50 -do- CK275272 1 1,000.00 51 -do- CK275273 1 1,000.00 52 -do- CK275274 1 1,000.00 53 -do- CK275275 1 1,000.00 54 -do- CK275276 1 1,000.00 55 -do- CK275277 1 1,000.00 56 -do- CK275278 1 1,000.00 57 -do- CK275281 1 1,000.00 58 -do- BD469127 1 1,000.00 59 -do- BD469128 1 1,000.00 60 -do- BD469129 1 1,000.00 61 -do- BD469130 1 1,000.00 62 -do- BD469131 1 1,000.00 63 -do- BD469132 1 1,000.00 64 -do- BD469133 1 1,000.00 65 -do- BD469134 1 1,000.00 66 -do- BD469135 1 1,000.00 67 -do- BD469138 1 1,000.00 68 -do- EE309369 1 1,000.00 69 -do- EE309370 1 1,000.00 70 -do- EE309371 1 1,000.00 71 -do- EE309372 1 1,000.00 72 -do- EE309373 1 1,000.00 73 -do- EE309374 1 1,000.00 74 -do- EE309375 1 1,000.00 75 -do- EE309376 1 1,000.00 76 -do- EE309377 1 1,000.00 77 -do- EE309379 1 1,000.00 78 500-piso DB386672 25 12,500.00 TOTAL 125 pcs [PHP]112,500.00
Philippine National Currency counterfeit money, without any permit or authority from the government.
CONTRARY to and in violation of Article 168 of the Revised Penal Code.[4] (Emphasis in the original)
WHEREFORE, premises above considered, Judgment is hereby rendered finding accused Allan Gacasan y Langamin, "GUILTY" beyond reasonable doubt of violation of Article 168 of the Revised Penal Code, and there being no mitigating nor aggravating circumstances, is hereby sentenced to suffer the indeterminate penalty of imprisonment of SIX (6) YEAR of prision correccional in its maximum period as the minimum to TEN (10) YEARS, EIGHT (8) MONTHS[,] and ONE (1) DAY of prision mayor maximum [sic] in its medium period as the maximum and fine of [PHP] 7,500.00.The RTC held that all the elements of the crime of illegal possession and use of false treasury or bank notes and other instruments of credit are present, considering that (a) the bills were established by the BSP to be falsified or forged; (b) there is knowledge that the bills are counterfeit on the part of Gacasan, inferred from his receipt of consideration for the same and his adamant denial of its contents; and (c) Gacasan had the intention to use the counterfeit notes, considering that he received payment upon delivering the same.[14]
Exhibits "I" to "I-24" and Exhibits "J" to "J-99" are hereby ordered turned over to the Bangko Sentral ng Pilipinas for its proper disposition.
SO ORDERED.[13] (Emphasis in the original)
WHEREFORE, the appeal is DENIED. The December 9, 2019 Decision of the Regional Trial Court (RTC), Tenth (10th) Judicial Region, Branch 11, Manolo Fortich, Bukidnon, in Criminal Case No. 18-11-6728, finding accused-appellant Allan Gacasan y Langamin GUILTY beyond reasonable doubt of Violation of Article 168 of the Revised Penal Code is AFFIRMED in toto.Gacasan filed a Motion for Reconsideration,[18] which was also denied in a Resolution.[19]
Accordingly, the RTC, Tenth (10th) Judicial Region, Branch 11, Manolo Fortich, Bukidnon, is DIRECTED to:
1.) CANCEL the bail of appellant Allan Gacasan y Langamin; and
2.) ISSUE a Warrant of Arrest for the detention of appellant Allan Gacasan y Langamin.
SO ORDERED.[17] (Emphasis in the original)
Article. 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. — Unless the act be one of those coming under the provisions of any of the preceding articles, any person who shall knowingly use or have in his possession, with intent to use any of the false or falsified instruments referred to in this section, shall suffer the penalty next lower in degree than that prescribed in said articles.The elements of illegal possession and use of false bank notes were enumerated by this Court in the case of Tecson v. Court of Appeals,[21] as follows:
The elements of the crime charged for violation of Article 168 of the Revised Penal Code, are: 1) that any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person; 2) that the offender knows that any of the said instruments is forged or falsified; and 3) that he either used or possessed with intent to use any of such forged or falsified instruments. Hence, possession of fake dollar notes must be coupled with the act of using or at least with intent to use the same as shown by a clear and deliberate overt act in order to constitute a crime, as was sufficiently proven in the case at bar.[22] (Emphasis supplied and citations omitted)First, that the bank notes that were counterfeit are already indubitable and past the point of contention. As adequately proven by the prosecution, the testimonies of PCpl. Dalman and Atty. Asperin belie Gacasan's attempts to cast doubt on the fact that the seized bills were counterfeit.
We shall discuss only one question, which is whether or not the accused knew that the bank note in question was a counterfeit when he made use of it. As the Solicitor-General points out, two days after the defendant used the counterfeit ten-peso note in question to pay the amount of 30 centavos and got as change [PHP] 9.70, he delivered another counterfeit bill of the same denomination to the offended party in payment of an account of 50 centavos and received the difference of [PHP] 9.50 in lawful money. The transaction was clearly a scheme to change counterfeit bank notes for lawful money[.][27]Thus, with his acceptance of the payment for the marked money, Gacasan cannot feign ignorance of the contents of the envelope which he handed over to the poseur buyer. His narrative that an unidentified person threw an envelope beside him remains uncorroborated. "Allegata et probata" is a well-settled principle of law applicable to this case—one who alleges must prove. Gacasan has yet to present any evidence to prove this defense.
In view of the foregoing, petitioner's allegation that he was framed-up by the Central Bank agents does not deserve any consideration. This hackneyed defense of alleged frame-up of the accused caught inflagrante delicto during a buy-bust operation has been viewed with disdain by the courts for it is easy to concoct and difficult to prove. Besides, there is a legal presumption that public officers, including arresting officers, regularly perform their official duties. That legal presumption was not overcome by any credible evidence to the contrary.[30] (Citations omitted)Here, Gacasan's unverified and flimsy defense of a frame-up is not corroborated by any evidence, and pales in comparison to the consistent and positive identifications by several law enforcement officers who categorically testified that Gacasan, for consideration, delivered the envelope full of counterfeit notes.
The rule in evidence, which the Court has always applied, is that positive identification prevails over the simple denial of the accused. Denial, like alibi, is an insipid and weak defense, being easy to fabricate and difficult to disprove. A positive identification of the accused, when categorical, consistent and straightforward, and without any showing of ill motive on the part of the eyewitness testifying on the matter, prevails over this defense.[32] (Citation omitted)Finally, findings of fact of trial courts, especially when affirmed by the appellate court, are not only given sufficient weight, but are considered binding upon this Court.[33] Here, the findings of the RTC were duly affirmed by the CA, and thus, must not anymore be disturbed.
Article 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. - Unless the act be one of those coming under the provisions of any of the preceding articles, any person who shall knowingly use or have in his possession, with intent to use any of the false or falsified instruments referred to in this section, shall suffer the penalty next lower in degree than that prescribed in said articles. (Emphasis supplied)Article 168 makes reference to Article 166 of the Revised Penal Code, by providing that the penalty of illegal possession of bank notes shall be that next lower in degree than that provided by Article 166.
Article. 166. Forging treasury or bank notes or other documents payable to bearer; Importing, and uttering such false or forged notes and documents. — The forging or falsification of treasury or bank notes or certificates or other obligations and securities payable to bearer and the importation and uttering in connivance with forgers or importers of such false or forged obligations or notes, shall be punished as follows:Here, Gacasan was found to have in his possession counterfeit national bank notes, which constitute obligation or security of the Philippines within the purview of Article 166 of the Revised Penal Code.
1. By reclusion temporal in its minimum period and a fine not to exceed Two million pesos ([PHP] 2,000,000), if the document which has been falsified, counterfeited, or altered is an obligation or security of the Philippines.
"The words obligation or security of the Philippines" shall mean all bonds, certificates of indebtedness, national bank notes, coupons., Philippine notes, treasury notes, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the Philippines, and other representatives of value, of whatever denomination, which have been or may be issued under any act of Congress. (Emphasis supplied)