491 Phil. 685
SANDOVAL-GUTIERREZ, J.:
“WHEREFORE, premises considered, the instant petition for review is hereby DENIED DUE COURSE, and is hereby DISMISSED.On January 12, 2000, Francisco C. Basa, Manuel H. Omeña, Mark Philip L. Basa and Renato H. Uy, herein petitioners, were charged with swindling under paragraph 2, Article 316 of the Revised Penal Code; and falsification of public document under paragraph 4, Article 171 of the same Code, before the Metropolitan Trial Court (MeTC), Branch 65, Makati City, docketed as Criminal Cases Nos. 279220 and 279220. The two (2) Informations[4] read:
SO ORDERED.”
CRIMINAL CASE NO. 279220On February 23, 2000, petitioners, through counsel, filed a Joint Motion to Quash[5] on the ground that the facts charged in each Information do not constitute an offense.
“That or about and during the period covering March 1998, in Makati City, a place within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together and all of them mutually helping and aiding with one another, did then and there willfully, unlawfully and feloniously defrauded complainant, POINTER CONSTRUCTION INTERNATIONAL CORPORATION, represented by Ofelia P. Trinidad, in the following manner, to wit: the said accused, being the corporate officers of One World Land and Properties Corporation, through Company Board Resolution No. 98-001 dated March 11, 1998, approved and mortgage a property covered by TCT No. 21163 of the Registry of Deeds of Makati City to Pioneer Insurance and Surety Corporation for the amount of P60,000,000.00, through false and fraudulent representation that said property was free and clear from any encumbrance, when in truth and in fact as the accused well knew that said real property covered by TCT No. 21163 was indeed and actually encumbered per annotation appearing on the back of TCT No. 210429 and 210430, under Primary Entry No. 98250/21049 – agreement which reads as follows:‘EXECUTED BY AND BETWEEN POINTER CONSTRUCTION & ONE WORLD LAND AND PROPERTIES CORPORATION WITH CONDITIONS AMONG OTHERS THAT THE PROPERTIES WILL BE TRANSFERRED INTO ITS NAME AND THE PAYMENT OF 40 MILLION WILL BE PAID TO POINTER CONSTRUCTION INTERNATIONAL CORPORATION IN THE FORM OF CONDO UNITS OR COMMERCIAL SPACES OF EQUAL WORTH FROM THE DEVELOPMENT MADE ON THE PROPERTIES. MAKATI, DECEMBER 9, 1997.’which annotation/inscription of the new title (TCT No. 21163) was not carried over by the Registry of Deeds of Makati City on the new title to the damage and prejudice of private complainant in the amount of P60,000,000.00 as mortgaged.
CONTRARY TO LAW.”
CRIMINAL CASE NO. 279221
“That on or about and during the period covering January up to February, 1998, in Makati City, a place within the jurisdiction of this Honorable Court, the above-named accused, who are all private individuals and corporate officers of One World Land and Properties Corporation, conspiring and confederating together, and all of them mutually helping and aiding with one another, did then and there willfully, unlawfully and feloniously caused the cancellation of Transfer Certificate of Title Nos. 210429 and 210430 of the Registry of Deeds of Makati City, and thereafter caused the falsification of a new Transfer Certificate of Title No. 211643 also of the Registry of Deeds of Makati City, hence, a public document by causing it to appear in the new Transfer Certificate of Title No. 211643 that it was not encumbered when in truth and in fact as all the accused well knew that said new TCT No. 211643 was encumbered per Primary Entry No. 90250/210429 annotated/inscribed as the back of the cancelled Transfer Certificate of Tile Nos. 210429 and 210430 which reads:‘EXECUTED BY AND BETWEEN POINTER CONSTRUCTION & ONE WORLD LAND AND PROPERTIES CORPORATION WITH CONDITIONS AMONG OTHERS THAT THE PROPERTIES WILL BE TRANSFERRED INTO ITS NAME AND THE PAYMENT OF 40 MILLION WILL BE PAID TO POINTER CONSTRUCTION INTERNATIONAL CORPORATION IN THE FORM OF CONDO UNITS OR COMMERCIAL DEVELOPMENTS MADE ON THE PROPERTIES. MAKATI, DECEMBER 9, 1997.’which encumbrance the accused have all the legal obligation to disclose to the Registry of Deeds of Makati City but which the accused did not do so and was deliberately made with the wrongful intent, causing damage to POINTER CONSTRUCTION COMPANY, INC., represented by Ofelia Trinidad, thereby ultimately making it appear that the new Transfer Certificate of Title No. 211643 was unencumbered, free and clean from any encumbrances to the damage and prejudice of POINTER CONSTRUCTION COMPANY and of the public interest in violation of Article 171, paragraph four (4) of the Revised Penal Code.
CONTRARY TO LAW.”
“WHEREFORE, premises considered, this Court hereby grants accused’s Joint Motion to Quash. Accordingly, the Informations in Criminal Cases Nos. 279220-21 are hereby quashed for the facts charged therein do not constitute an offense.Subsequently, Ofelia Trinidad, private complainant, with the conformity of the Public Prosecutor, filed a motion for reconsideration but was denied in an Order[6] dated May 24, 2000.
SO ORDERED.”
“WHEREFORE, judgment is hereby rendered SETTING ASIDE, for lack of merit, the Order dated 27 March 2000 of the Metropolitan Trial Court, Branch 65, Makati City, and in lieu thereof, the Prosecution may proceed with the prosecution of the instant cases against the accused.Forthwith, petitioners filed their motion for reconsideration but was denied in an Order dated November 23, 2000.
SO ORDERED.”
“Sec. 3. How appeal taken. –Section 1, Rule 42 of the 1997 Rules of Civil Procedure, as amended, states:
x x x
(b) The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review under Rule 42.
x x x.” (underscoring ours)
“Sec. 1. How appeal taken; time for filing. – A party desiring to appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction may file a verified petition for review with the Court of Appeals, paying at the same time to the clerk of said court the corresponding docket and other lawful fees, depositing the amount of P500.00 for costs, and furnishing the Regional Trial Court and the adverse party with a copy of the petition. x x x.” (underscoring ours)The above provisions contemplate of an appeal from a final decision or order of the RTC in the exercise of its appellate jurisdiction. Thus, the remedy of appeal under Rule 42 resorted to by the petitioners is improper. To repeat, the RTC Decision is not final but interlocutory in nature.
“In their Joint Motion to Quash, the accused (now petitioners) failed to analyze and point out specifically the elements of the crimes charged which are not alleged in the Informations. As movants, they have the burden of proof in showing that certain elements of the crimes charged in the Informations were not alleged by the prosecution. The accused failed to do so.”Also, the Court of Appeals in its assailed Decision aptly held:
“The RTC has determined, with authorities to support its findings, that the charges set forth in the criminal Informations are substantive and comprehensive enough to preclude deficiencies in the allegations, and that petitioners failed to prove the absence of some elements of the crimes.WHEREFORE, the petition is DENIED. The Decision of the Court of Appeals in CA-G.R. CR No. 24767 is AFFIRMED. Costs against petitioners.
“Petitioners in their Joint Motion to Quash hoped to discuss the merits of the allegations in the Information, and not particularly the sufficiency of the charges in establishing probable cause. The RTC, therefore, acted within the bounds of its authority when it reversed the ruling of the MTC. Any objection of the petitioners on this matter should be raised in any timely appeal they may file after the trial court has rendered its verdict on petitioners’ guilt.”[15]