526 Phil. 336
CHICO-NAZARIO, J.:
CHECK NO. | DATE | AMOUNT |
| | |
HRR 0005306682 | 31 January 1999 | |
HRR 0005306773 | 24 May 1999 | |
HRR 0005306775 | 24 May 1999 | |
HRR 0005306774 | 24 May 1999 |
Based on the foregoing, it is clear that all persons are entitled to bail, as a matter of right, provided that one is not charged with an offense punishable by death, reclusion perpetua, or life imprisonment. In the case at bench, We agree with the private respondent, and concurred in by no less than the Solicitor General, that the offense by which she is being charged is not punishable by reclusion perpetua and so she is entitled to bail. Thus, the respondent judge is not guilty of grave abuse of discretion in allowing the amendment of the informations to allow accused-respondent Sia to post bail.In the same vein, petitioner Cenzon's Motion for Reconsideration thereon was denied by the appellate court for lack of merit, in the Resolution dated 30 June 2004.
This was clearly illustrated in the leading case of People vs. Hernando and reiterated in People vs. Panganiban, where it was clarified that reclusion perpetua is not the prescribed penalty for the offense as used in PD No. 818, to wit:Precisely, this is the reason why DOJ Circular No. 74 came into effect, to guide all prosecutors in recommending the amount of bail to be fixed. Public Prosecutor Marcos thus correctly moved for the amendment of the informations, and the respondent judge judiciously allowed it to conform with the DOJ circular brought about by the new jurisprudence on the matter. Clearly, the ruling in People vs. Reyes cited by the petitioner is deemed superseded."xxx xxx xxx
"Hence, if the amount of the fraud exceeds twenty-two thousand pesos, the penalty of reclusion temporal is imposed in its maximum period, adding one year for each additional ten thousand (P10,000.00) pesos but the total penalty shall not exceed thirty (30) years, which shall be termed reclusion perpetua. As used herein, RECLUSION PERPETUA IS NOT THE PRESCRIBED PENALTY FOR THE OFFENSE. It merely describes the penalty actually imposed on account of the amount of the fraud involved, which exceeds twenty two thousand (P22,000.00) pesos." (Emphasis Ours.)
Moreover, as cited by the petitioner himself, courts are advised that they must not only be aware but should consider the Bail Bond Guide due to its significance in the administration of criminal justice. Settled also is the rule that, while not controlling, official opinions of the justice secretary are persuasive.[16]
Petitioner Cenzon endeavors to build his case by invoking People v. Reyes,[18] and the 2000 Bail Bond Guide of the DOJ. According to petitioner Cenzon, the 2000 Bail Bond Guide of the DOJ recommends NO BAIL for Estafa under Article 315, par. 2(d) of the Revised Penal Code, as amended by Presidential Decree No. 818, if the amount of the fraud is P32,000.00 or over. It is petitioner Cenzon's theory that NO BAIL is recommended in such cases, because the penalty prescribed therein is reclusion perpetua.[19] Petitioner Cenzon posits that the 2000 Bail Bond Guide of the DOJ was made pursuant to Section 13,[20] Article III of the 1987 Constitution, which provides that crimes punishable by reclusion perpetua to death, when evidence of guilt is strong, are not bailable.I
THE COURT OF APPEALS DECIDED A QUESTION OF SUBSTANCE IN A WAY NOT IN ACCORD WITH THE ESTABLISHED CONSTITUTIONAL MANDATE THAT "NO DOCTRINE OR PRINCIPLE OF LAW LAID DOWN BY THE COURT IN A DECISION RENDERED EN BANC OR IN DIVISION MAY BE MODIFIED OR REVERSED EXCEPT BY THE COURT SITTING EN BANC."II
THE COURT OF APPEALS DECIDED A QUESTION OF SUBSTANCE IN A WAY NOT IN ACCORD WITH LAW AND JURISPRUDENCE BY SOLELY RELYING ON THE CASES OF PEOPLE V. HERNANDO AND PEOPLE V. PANGANIBAN WHICH INVOLVE FACTS DIFFERENT FROM THE PRESENT CASE.[17]
SEC. 4. Bail, a matter of right; exception. – All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognizance as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment.Thus, it must be asked, is private respondent Sia charged with an offense punishable by reclusion perpetua?
Finally, some clarifications on the imposable penalty. The trial court convicted accused-appellant to reclusion perpetua, following the amendment to Article 315, par. 2(d) of the Revised Penal Code by Presidential Decree No. 818, which increased the penalty for estafa committed by means of bouncing checks.The Court, in Hernando was just as succinct in pronouncing that the term reclusion perpetua as used in Presidential Decree No. 818, merely describes the penalty actually imposed on account of the amount of the fraud involved, which exceeds twenty two thousand (P22,000.00) pesos.[27] As used in Presidential Decree No. 818, reclusion perpetua is not the prescribed penalty for the offense.[28]
Presidential Decree No. 818 provides:SECTION 1. Any person who shall defraud another by means of false pretenses or fraudulent acts as defined in paragraph 2(d) of the Revised Penal Code, as amended by Republic Act No. 4885, shall be punished by:As used in Presidential Decree No. 818, reclusion perpetua is not the prescribed penalty for the offense, but merely describes the penalty actually imposed on account of the amount of the fraud involved, which exceeds P22,000.00.[26] (Underscoring supplied.)
1st. The penalty of reclusion temporal if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos but the total penalty which may be imposed shall in no case exceed thirty years. In such cases, and in connection with the accessory penalties which may be imposed under the Revised Penal Code, the penalty shall be termed reclusion perpetua;
x x x x
It was definitively resolved when the Court adopted Department of Justice (DOJ) Circular No. 74 ordaining that bail be allowed for the crime of Estafa under Art. 315, par. 2(d), as amended by P.D. 818, thru an En Banc Resolution dated February 26, 2002 in the case of Jovencio Lim and Teresita Lim v. People of the Philippines, et al., G.R. No. 149276. The salient portion of the Resolution reads:We are similarly not impressed with petitioner Cenzon's reliance on the 2000 Bail Bond Guide of the DOJ. Evidently, Department Circular No. 74 of the DOJ amended the 2000 Bail Bond Guide, the salient provisions thereof, reads thus:"(3) Where the amount of fraud is P32,000.00 or over in which the imposable penalty is reclusion temporal to reclusion perpetua, bail shall be based on reclusion temporal maximum, pursuant to Par. 2(a) of the 2000 Bail Bond Guide, multiplied by P2,000.00 plus an additional of P2,000.00 for every P10,000.00 in excess of P22,000.00; Provided, however, that the total amount of bail shall not exceed P60,000.00."[34]
WHEREAS, under the 2000 Bail Bond Guide, no bail is recommended for estafa under Art. 315 2(d), RPC, as amended by PD 818, as well as for Qualified Theft when the amount of fraud or the value of the property involved is P32,000.00 or over;From the foregoing, if the amount of fraud is P122,000.00 or over, as in the case at bar, the amount of bail is P60,000.00.
WHEREAS, such policy has already been overtaken and rendered untenable by the new jurisprudence, particularly the ruling in People vs. Hernando, 317 SCRA 621 (1999);
WHEREFORE, in estafa under Art. 315 2(d), as amended by PD 818, and Qualified Theft, the bail to be recommended shall be governed by the following rules:
A. FOR ESTAFA (ART. 315, 2(d), RPC, as amended by PD 818:
1) Where the amount of fraud involved does not exceed P22,000.00, bail shall be computed based on the applicable provisions of the 2000 Bail Bond Guide.2) Where the amount of fraud involved is more than P22,000.00 but less than P32,000.00, bail shall be based on the maximum period of the imposable penalty of reclusion temporal multiplied by P2,000.00.3) Where the amount of fraud is P32,000.00 or over in which the imposable penalty is reclusion temporal to reclusion perpetua, bail shall be based on reclusion temporal maximum, pursuant to Par. 2(a) of the 2000 Bail Bond Guide, multiplied by P2,000.00, plus an additional of P2,000.00 for every P10,000.00 in excess of P22,000.00; Provided, however, that the total amount of bail shall not exceed P60,000.00. (Underscoring supplied.)
ART. 315. Swindling (estafa) – x x x[9] Entitled, "Amending Article 315 of the Revised Penal Code by Increasing the Penalties for Estafa Committed by Means of Bouncing Checks."
x x x x
(d) By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack or insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act.
"That on or about the 27th day of November, 1998, in the City of Makati, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the abovenamed accused, being then the authorized signatory of South Pacific Sugar Corporation, with intent to defraud, by means of deceit and false representation committed prior to or simultaneously with the fraudulent act, did then and there wilfully (sic), unlawfully and feloniously make out and issue United Coconut Planters Bank Check No. HRR 0005306682 postdated January 31, 1999 in the amount of P15,840,000.00 in exchange for 11,000 fifty[-]kilogram bags of sugar respondent received from the complainant, Honig Sugar Corporation represented by Vicente S. Cenzon knowing that at the time of its issue she has insufficient funds in or credit with the drawee bank to cover the full amount of the check such that when said check was presented for payment to the drawee bank, the same was dishonored for the reason "PAYMENT STOPPED DAUD" and the accused, despite notice to make good the said check or pay the amount thereof within three (3) days from receipt of notice of dishonor of such check failed and refused to do so, to the damage and prejudice of the said complainant Honig Sugar Corporation in the aforementioned amount of P15,840,000.00. (Records, Vol. I, p. 4.)The second information reads:
"That on or about the 16th day of November, 1998, in the City of Makati, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, being then the authorized signatory of South Pacific Sugar Corporation with intent to defraud, by means of deceit and false representation committed prior to or simultaneously with the fraudulent act, did then and there wilfully (sic), unlawfully and feloniously make out and issue United Coconut Planters Bank Check No. HRR 0005306774 postdated May 24, 1999 in the amount of P91,776,970.00 in exchange for 91,776 fifty[-]kilogram bags of sugar respondent received from the complainant, Honig Sugar Corporation represented by Vicente S. Cenzon knowing that at the time of its issue she has insufficient funds in or credit with the drawee bank to cover the full amount of the check such that when said check was presented for payment to the drawee bank, the same was dishonored for the reason "PAYMENT STOPPED-DAIF" and the accused, despite notice to make good the said check or pay the amount thereof within three (3) days from receipt of notice of dishonor of such check failed and refused to do so, to the damage and prejudice of the said complainant Honig Sugar Corporation in the aforementioned amount of P91,776,970.00. (Id. at 2.)[11] Records, Vol. II, p. 389.
Sec. 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.[21] Rollo, pp. 25-26.
Sec. 3. Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case, without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.[24] Article 315, paragraph 2(d) reads:
ART. 315. Swindling (estafa) –[25] Sec. 1 of Presidential Decree No. 818 reads:
(d) By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack or insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act.
Section 1. Any person who shall defraud another by means of false pretenses or fraudulent acts as defined in paragraph 2(d) of Article 315 of the Revised Penal Code, as amended by Republic Act No. 4885, shall be punished by:[26] People v. Panganiban, supra note 15 at 689-690.
1st. The penalty of reclusion temporal if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos but the total penalty which may be imposed shall in no case exceed thirty years. In such cases, and in connection with the accessory penalties which may be imposed under the Revised Penal Code, the penalty shall be termed reclusion perpetua;
2nd. The penalty of prision mayor in its maximum period, if the amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos;
3rd. The penalty of prision mayor in its medium period, if such amount is over 200 pesos but does not exceed 6,000 pesos; and,
4th. By prision mayor in its maximum period, if such amount does not exceed 200 pesos.