Desmoparan v. People
G.R. No. 233598
March 27, 2019
FACTS:
The RTC
and CA convicted Juvy Desmoparan for the crime of estafa through falsification
of commercial documents. Desmoparan applied for a salary loan (Php105,000) from
Cebu CFI. He misrepresented himself as Rodulfo M. Cordura. He was then given
Php40,000. It caused to appear the Rodulfo, not Desmoparan, was the one who
applied.
ISSUE:
Whether
or not Desmoparan be held liable despite no proof that he was the author of the
falsification
HELD:
Yes.
The absence of a direct proof that Desmoparan was the author of the
falsification is of no moment for the rule remains that whenever someone has in
his possession falsified documents and uttered or used the same for his
advantage and benefit, the presumption that he authored it arises. This is
especially true if the use or uttering of the forged documents was so closely
connected in time with the forgery that the user or possessor may be proven to
have the capacity of committing the forgery, or to have close connection with
the forgers, and therefore, had complicity in the forgery. [25] In the absence
of a satisfactory explanation, as in this case, one who is found in possession
of a forged document and who used or uttered it is presumed to be the
forger. The Court held that the
falsification of loan documents was a necessary means to commit estafa. The
elements of estafa are as follows: (1)
that the accused defrauded another (a) by abuse of confidence or (b) by means
of deceit; and (2) that damage or prejudice capable of pecuniary estimation is
caused to the offended party or third person.
In Domingo v. People, the Court held that falsification of a
commercial document may be a means of committing estafa because, before the
falsified document is actually utilized to defraud another, the crime of
falsification has already been consummated. Actually utilizing that falsified
public, official or commercial document to defraud another is estafa. But the
damage is caused by the commission of estafa, not by the falsification of the
document. Wherefore, the petition is denied. Desmoparan’s conviction is
affirmed.