GR 48896; (December, 1943) (Digest)
G.R. No. 48896 , December 29, 1943
JOSE O. LONTOC, petitioner, vs. THE PEOPLE OF THE PHILIPPINES, respondent.
FACTS
The petitioner, Jose O. Lontoc, was a foreman-timekeeper in the construction of the Carmona-Dasmariñas Road. He was accused of the complex crime of estafa through falsification of a public document for unlawfully enriching himself by P10.00 by falsifying a payroll. The Court of First Instance of Cavite convicted him only of falsification through reckless imprudence and sentenced him to four months and one day of arresto mayor. Lontoc appealed this conviction. The Court of Appeals, after reviewing the evidence, found him guilty of the original charge of estafa through falsification of a public document. The appellate court’s findings established that Lontoc prepared a payroll (Exhibit A) for March 20-31, 1939, which included the name of Elias Siño as having worked and being paid P10.00. The real Elias Siño never worked on the project and did not receive the money. Lontoc admitted he knew Siño never worked but claimed he included the name on the orders of his superior, Sofronio Bayla, to pay for truck services that could not be legally vouchered. Bayla denied this. The Court of Appeals discredited Lontoc’s defense, noting he presented a man who posed as Siño to Bayla for payment. The court concluded Lontoc was a principal in the defraudation. The Court of Appeals sentenced him to an indeterminate penalty of eight years and one day to ten years, eight months, and one day of prision mayor, a P200 fine, and costs. The case is before the Supreme Court on certiorari to review the Court of Appeals’ judgment.
ISSUE
1. Whether the Supreme Court can review the factual findings of the Court of Appeals. (Implicitly, the answer is no; findings of fact are final.)
2. Whether the Court of Appeals could legally convict Lontoc of estafa through falsification after the trial court had convicted him only of falsification through reckless imprudence, thereby acquitting him of estafa.
RULING
The Supreme Court affirmed the judgment of the Court of Appeals.
1. On the first issue, the Court held that in a case brought on certiorari, the findings of fact made by the Court of Appeals are final and conclusive. The Court is powerless to review the evidence and reverse these findings.
2. On the second issue, the Court ruled that the Court of Appeals acted within its legal authority. The Court rejected the petitioner’s argument based on Section 10 of Rule 120, which concerns when a judgment should not be reversed. Instead, it applied Section 11 of Rule 120, which grants the appellate court the power upon appeal to “reverse, affirm, or modify the judgment and increase or reduce the penalty imposed by the trial court.” The Court distinguished the cited cases of People vs. Abellera and People vs. Orfida, noting that in those cases, the accused were entirely acquitted, whereas here, Lontoc was convicted of a lesser offense included within the original charge. The appellate court correctly concluded Lontoc was guilty of the complex crime. The Court also held it was not necessary for the prosecution to prove Lontoc actually received the P10.00; his active participation as a principal in the falsification and defraudation was sufficient.