Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1929 > March 1929 Decisions > G.R. Nos. 30012-30015 March 9, 1929 - PEOPLE OF THE PHIL. v. JOSEPH L. WILSON, ET AL.

052 Phil 919:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. Nos. 30012-30015. March 9, 1929.]

THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. JOSEPH L. WILSON and ALFREDO DOLORES, Defendants-Appellants.

Vicente Sotto, for appellant Dolores.

Gregorio Perfecto, for appellant Wilson.

Attorney-General Jaranilla, for Appellee.

SYLLABUS


1. CRIMINAL LAW; CRIME COMMITTED BY VIRTUE OF ORDERS OF A SUPERIOR. — In order to work exemption from criminal responsibility for obeying the orders of a superior, it must be shown that both the person who gives the order and the person who executes it are acting within the limitations prescribed by law.

2. ID.; FLIGHT OF THE ACCUSED INDICATION OF GUILT. — The flight of a person after the commission of an offense, while it does not create a presumption of guilt, is nevertheless a circumstance indicative of his guilt.


D E C I S I O N


OSTRAND, J.:


The defendant Alfredo Dolores was accused with Joseph L. Wilson in criminal cases Nos. 35408 (G. R. No. 30012), 35426 (G. R. No. 30013), and 35447 (G. R. No. 30014) of the crimes of falsification of a telegraphic dispatch, estafa through falsification of a mercantile document, and falsification of a mercantile document, respectively. In the information filed in criminal case No. 35408, it is alleged that "on or about the 26th day of September, 1927, in the City of Manila, Philippine Islands, the said accused being then employees of the San Carlos Milling Company, a business firm doing business in this city, conspiring and confederating together, did then and there willfully, unlawfully, feloniously, with grave abuse of confidence and with intent of gain, falsify a cable or telegraphic dispatch, to wit: a cablegram in the following manner: the said accused, taking advantage of their positions as employees of the aforesaid San Carlos Milling Company of which Alfred D. Cooper was then the manager, prepared and caused to be prepared on the front page of a cablegram form used by the Commercial Pacific Cable Co., of said city, the following code cablegram:jgc:chanrobles.com.ph

"‘SCARLOSCO HONOLULU

‘’WYSUXMOOJL."cralaw virtua1aw library

which, deciphered, reads as follows:jgc:chanrobles.com.ph

"‘SCARLOSCO — San Carlos Milling Co., Ltd.

"‘HONOLULU — Honolulu

" WYSUX — Deposit Irving Bank — Columbia Trust Co., New York for account China Banking Corporation, Manila, account San Carlos Milling Co., Ltd., $ instruct Irving Bank-Columbia Trust Co., advise Manila of deposit by cable.

"‘MOOJL — 100,000’

and wrote on the back thereof in typewriter at the space provided for the name and address of the sender the following:jgc:chanrobles.com.ph

"‘ALFRED D. COOPER

"‘By (Sgd.) ALFREDO DOLORES

"‘227 David, Manila’

thereby causing it to appear that the above-mentioned cablegraphic message was prepared and sent by and under the authority and with the knowledge and consent of Alfred D. Cooper, then manager of the San Carlos Milling Company wherein the said accused were then employed, when in truth and in fact, as the said accused very well knew, the said Alfred D. Cooper never authorized, nor had any knowledge of, nor gave his permission to the preparation and sending of the said cablegraphic message; that the said accused, once having forged and falsified the abovementioned cablegraphic message in the manner above described, presented the same to the office of the Commercial Pacific Cable Company for due transmission."cralaw virtua1aw library

The information filed in criminal case No. 35426 charges that "on or about September 29,1927, in the City of Manila, Philippine Islands, the above named defendants, who were then employees or clerks of a mercantile concern known as ’San Carlos Milling Co., Ltd.,’ duly organized in this locality, with grave abuse of confidence and with the intention to defraud and prejudice said institution and the local banking institution known as ’Bank of the Philippine Islands,’ acting upon a common agreement, and cooperating with each other and conspiring together, falsified a mercantile document, to wit, a check against the Bank of the Philippine Islands for the sum of two hundred thousand pesos, by forging and simulating at the bottom and in the indorsement of said check the signatures of Newland Baldwin, Manager of the San Carlos Milling Co., Inc., and falsely causing it to appear that said Newland Baldwin intervened in said check, when in fact said Newland Baldwin never had such intervention, so that the aforesaid check, once falsified, reads as follows:jgc:chanrobles.com.ph

"‘No A-352046

"‘THE BANK OF THE PHILIPPINE ISLANDS

"‘OFFICIAL DEPOSITORY OF THE PHILIPPINE GOVERNMENT

"‘MANILA, P. I., September 29, 1927

"‘Pay to San Carlos Milling Co., Ltd., or order Pesos Two Hundred Thousand & 00/100 only (P200,000), Philippine currency.

SAN CARLOS MILLING CO., Ltd.

"‘By NEWLAND BALDWIN

"‘For Agent’

that once said check was falsified, prepared, and drawn as above stated, the said accused, continuing the collusion and conspiracy plotted by them, presented it for payment to the Bank of the Philippine Islands, falsely and fraudulently stating and representing to said Bank and its officers that the cheek was authentic and duly signed by Newland Baldwin, manager of said company, San Carlos Milling Co., Ltd., in the ordinary course of its business, the accused herein having succeeded, through said falsification and deceitful representations, in collecting the amount of the check aforesaid in the Bank of the Philippine Islands, to wit, two hundred thousand pesos (P200,000), which said defendants misappropriated and converted to their personal use and benefit, to the damage and prejudice of said institutions, to wit, the San Carlos Milling Co., Ltd., and the Bank of the Philippine Islands, in the aforesaid sum of two hundred thousand pesos (P200,000), Philippine currency, equivalent to 1,000,000 pesetas."cralaw virtua1aw library

The information filed in criminal case No. 35447 reads as follows:jgc:chanrobles.com.ph

"That on or about September 28, 1927, in the City of Manila, Philippine Islands, the above named defendants, who were then employees or clerks of a mercantile concern known as San Carlos Milling Co., Ltd., of this locality, with grave abuse of confidence and with the intention to prejudice said institution, acting upon a common agreement and cooperating with each other and conspiring together, did willfully, unlawfully, and criminally falsify, in a mercantile document, to wit, the ’Manager’s Check’ No. 17444 of the China Banking Corporation, of September 28, 1927, issued in favor of the San Carlos Milling Co., Ltd., for the sum of two hundred thousand and one pesos (P200,001), the signature of one Newland Baldwin, manager of said San Carlos Milling Co., Ltd., by forging, simulating, and imitating it in the indorsement on the back of said document, and falsely causing it to appear in said indorsement that Newland Baldwin intervened therein, when in fact said Newland Baldwin never had such intervention, so that, once falsified, said indorsement reads as follows:jgc:chanrobles.com.ph

"‘For deposit only with Bank of the Philippine Islands, to credit of account of San Carlos Milling Co., Ltd.,

"‘By NEWLAND BALDWIN

"‘For Agent’"

Upon being arraigned on the above-quoted informations, the defendant Alfredo Dolores pleaded not guilty and, upon motion by the prosecution, and with the conformity of the attorneys for the defense, a joint trial of the above-mentioned cases with respect to the defendant Alfredo Dolores was had.

The trial court found the defendant Alfredo A. Dolores guilty as principal, by direct participation and in conspiracy with Joseph L. Wilson, of the crimes alleged in the informations filed in criminal cases Nos. 35408, 35426 and 35447, and sentenced him in criminal case No. 35408, for the crime of falsification of a telegraphic dispatch with the presence of the aggravating circumstance of abuse of confidence, to four years, nine months and eleven days of prision correccional, to the corresponding accessory penalties, and to pay one-half of the costs of the proceedings; in criminal case No. 35426, for the crime of estafa through falsification of a mercantile document, to eight years of presidio mayor, to the corresponding accessory penalties, and to pay one-half of the costs of the proceedings; and in criminal case No. 35447, for the crime of falsification of a mercantile document, with the presence of the aggravating circumstance of abuse of confidence, to four years, nine months, and eleven days of prision correccional, to pay a fine of 12,500 pesetas, with subsidiary imprisonment in case of insolvency, to the corresponding accessory penalties, and to pay one-half of the costs of the proceedings. From these judgments the defendant Dolores appealed.

The evidence fully sustains the findings of the court below and leaves no doubt whatever as to the appellant’s guilt, but his counsel insists that the court erred (l) in holding that "in preparing and in sending the false cablegram, Exhibit A (case No. 35408), as well as in preparing and in negotiating the check no less false, Exhibit C (case No. 35426) and in later collecting its value, and in likewise preparing the false commercial documents, Exhibits A and B, of the criminal case No. 35447, it was the idea of the said accused to benefit himself and damage another," and (2) in holding that the defendant Alfredo Dolores wanted to defraud and damage or, more correctly, defrauded and damaged the San Carlos Milling Co., Ltd., and the Bank of the Philippine Islands.

Under the first assignment of error, counsel argues that the defendant Dolores did nothing but carry out the orders of his superior, Joseph L. Wilson, and that he, consequently, is exempt from criminal responsibility. This argument is entirely groundless. In order to work exemption from criminal responsibility for obeying the orders of a superior, it must be shown that both the person who gives the order and the person who executes it are acting within the limitations prescribed by law. That is not the case here. In his brief, the Attorney-General well and truly says:jgc:chanrobles.com.ph

"The evidence of record clearly shows that the defendant Alfredo Dolores took direct part in, and cooperated with his codefendant Joseph L. Wilson by means of acts prior to, and simultaneous with, the perpetration of the crimes in question. He cooperated in the drafting of the checks and other documents for the falsification of which he is now prosecuted, and he was the one who cashed said check and withdrew the money from the bank. He furthermore received from Joseph L. Wilson the sum of P10,000 as his share in the embezzled amount. It cannot be maintained, therefore, that Alfredo Dolores merely obeyed his superiors and that he was not informed of the fact that his codefendant, Joseph L. Wilson intended to embezzle said money.

"Moreover, the behavior of the defendant Alfredo Dolores subsequent to the commission of the crimes in question clearly shows his guilt. It is proven that after the withdrawal of the amount of P200,000 from the Bank of the Philippine Islands, he was seen in secret conversation with Joseph L. Wilson in Calle Herran, Paco; that from that day he had been hiding from the authorities; that he had registered at the Plaza Hotel under the name of Jose Gil; that he went to Sorsogon and Albay, where he represented himself as Patricio Lopez; that in Albay he attempted to board a foreign vessel, but did not succeed in this attempt. The flight of a person after the commission of an offense, while it does not constitute a presumption of guilt, is nevertheless a circumstance indicative of his guilt (U. S. v. Sarikala, 37 Phil., 486; U. S. v. Virrey, 37 Phil., 618)."cralaw virtua1aw library

The second assignment of error evidently relates to case G. R. No. 30013 (estafa through falsification of a mercantile document) and requires no refutation. The conspirators carried away P200,001, and, of course, someone suffered the loss. Whether the loss fell on the San Carlos Milling Co., Ltd., or on the Bank of the Philippine Islands is immaterial; it is sufficient that it was sustained by a person or persons, other than the perpetrators of the crime. It is to be observed that the trial court, at the request of be interested parties, made no pronouncement as to the indemnity and that, therefore, the civil responsibility is not involved in the cases before us.

The judgments appealed from are affirmed with the costs against the appellant. So ordered.

Johnson, Street, Malcolm, Villamor, Johns, Romualdez and Villa-Real, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






March-1929 Jurisprudence                 

  • G.R. No. 30282 March 1, 1929 - SERAPION ADESER v. MATEO TAGO

    052 Phil 856

  • G.R. No. 30019 March 2, 1929 - KUI PAI & CO. v. DOLLAR STEAMSHIP LINE

    052 Phil 863

  • G.R. No. 30491 March 2, 1929 - DONATO CRUZ, ET AL. v. TEOFILO DE JESUS, ET AL.

    052 Phil 870

  • G.R. No. 30981 March 2, 1929 - ESTEBAN MONTERAMOS, ET AL. v. ISIDRO PAREDES

    052 Phil 873

  • G.R. No. 28532 March 4, 1929 - JESUS R. ROA v. CONCEPCION ROA, ET AL.

    052 Phil 879

  • G.R. No. 30382 March 5, 1929 - CEBU AUTOBUS CO. v. ANDRES D. DAMIAN

    052 Phil 883

  • G.R. No. 30814 March 5, 1929 - ROSALIO GONZALES v. DIRECTOR OF LANDS

    052 Phil 895

  • G.R. No. 30896 March 5, 1929 - HIGINO ENAGE v. FRANCISCO MARTINEZ

    052 Phil 896

  • G.R. No. 29462 March 7, 1929 - IGNACIO DEL PRADO v. MANILA ELECTRIC CO.

    052 Phil 900

  • G.R. Nos. 30012-15 March 7, 1929 - PEOPLE OF THE PHIL. v. JOSEPH L. WILSON, ET AL.

    052 Phil 907

  • G.R. No. 30953 March 7, 1929 - NARCISA JAVIER v. ISIDRO PAREDES

    052 Phil 910

  • G.R. Nos. 30012-30015 March 9, 1929 - PEOPLE OF THE PHIL. v. JOSEPH L. WILSON, ET AL.

    052 Phil 919

  • G.R. No. 30247 March 11, 1929 - HOSPICIO DE SAN JOSE v. FIDELITY AND SURETY COMPANY OF THE PHIL.

    052 Phil 926

  • G.R. No. 29752 March 12, 1929 - SOTERO IGNACIO v. SANTOS CHUA HONG

    052 Phil 940

  • G.R. No. 30264 March 12, 1929 - MANILA RALROAD COMPANY v. INSULAR COLLECTOR OF CUSTOMS

    052 Phil 950

  • G.R. No. 30460 March 12, 1929 - C. H. STEINBERG v. GREGORIO VELASCO, ET AL.

    052 Phil 953

  • G.R. No. 29292 March 13, 1929 - TOMASA C. VIUDA DE PAMINTUAN v. JUAN TIGLAO

    053 Phil 1

  • G.R. No. 30393 March 14, 1929 - PEOPLE OF THE PHIL. v. ESTANISLAO PERADILLA

    053 Phil 9

  • G.R. No. 29927 March 15, 1929 - PASAY TRANSPORTATION CO. v. MANILA ELECTRIC CO

    053 Phil 13

  • G.R. No. 30291 March 15, 1929 - CATALINO SEVILLA v. GAUDENCIO TOLENTINO

    053 Phil 16

  • G.R. No. 30035 March 18, 1929 - GOV’T. OF THE PHIL. v. ANASTASIA ABADILLA ET AL.

    053 Phil 23

  • G.R. No. 30780 March 18, 1929 - AURELIANO ROSANES v. AMADO PEJI

    053 Phil25cralaw:red

  • G.R. No. 30513 March 19, 1929 - VICENTE ARDOSA v. ESTEBAN DE LA RAMA ET AL.

    053 Phil 28

  • G.R. No. 30601 March 21, 1929 - ANTONIO CHUA CHIACO v. INSULAR COLLECTOR OF CUSTOMS

    053 Phil 31

  • G.R. No. 32329 March 23, 1929 - In re LUIS B. TAGORDA

    053 Phil 37

  • G.R. No. 29503 March 23, 1929 - AGRIPINA GALLION v. NARCISO L. GAYARES ET AL.

    053 Phil 43

  • G.R. No. 30020 March 23, 1929 - ADELA ROMERO DE PRATTS v. MENZI & CO.

    053 Phil 51

  • G.R. No. 30067 March 23, 1929 - PAYATAS ESTATE IMPROVEMENT CO. v. MARIANO TUASON

    053 Phil 55

  • G.R. No. 30266 March 25, 1929 - ASIA BANKING CORPORATION v. FRED J. ELSER

    054 Phil 994

  • G.R. No. 29832 March 25, 1929 - PEOPLE OF THE PHIL. v. CANUTO ASINAS ET AL.

    053 Phil 59

  • G.R. No. 30074 March 25, 1929 - MARIANO CARAGAY v. FRANCISCO URQUIZA ET AL.

    053 Phil 72

  • G.R. No. 30242 March 25, 1929 - ROMAN CATHOLIC ARCHBISHOP OF MANILA v. ALVARA FAJARDO

    053 Phil 82

  • G.R. No. 30280 March 25, 1929 - NICANOR CARAG v. WARDEN OF THE PROVINCIAL JAIL

    053 Phil 85

  • G.R. No. 30305 March 25, 1929 - PEOPLE OF THE PHIL. v. BLANDINA ISTORIS

    053 Phil 91

  • G.R. No. 30600 March 25, 1929 - RAMON DELES v. ARELLANO ALKONGA

    053 Phil 93

  • G.R. No. 30705 March 25, 1929 - MACARIO E. CAESAR v. FILOMENO GARRIDO

    053 Phil 97

  • G.R. No. 30289 March 26, 1929 - SERAPIA DE GALA v. APOLINARIO GONZALES

    053 Phil 104

  • G.R. No. 30608 March 26, 1929 - RAFAEL CARANDANG v. GALICANO AFABLE

    053 Phil 110

  • G.R. No. 28379 March 27, 1929 - GOV’T. OF THE PHIL. v. CONSORCIA CABANGIS ET AL.

    053 Phil 112

  • G.R. No. 29448 March 27, 1929 - JOSE CASTILLO v. ESTEBAN VALDEZ ET AL.

    053 Phil 120

  • G.R. No. 29721 March 27, 1929 - AMANDO MIRASOL v. ROBERT DOLLAR CO.

    053 Phil 124

  • G.R. No. 29967 March 27, 1929 - JOSE GASTON ET AL. v. TALISAY-SILAY MILLING CO. ET AL.

    053 Phil 132

  • G.R. No. 30490 March 27, 1929 - BANK OF THE PHIL. v. ALBALADEJO Y CIA.

    053 Phil 141

  • G.R. No. 30514 March 27, 1929 - DIRECTOR OF LANDS v. CRISTOBAL ABAGAT ET AL.

    053 Phil 147

  • G.R. No. 30837 March 27, 1929 - POLICARPO RADAZA v. FRANCISCO D. ENAJE

    053 Phil 149

  • G.R. No. 30431 March 30, 1929 - Intestacy of Angel Gustilo v. PERPETUA SIAN

    053 Phil 155

  • G.R. No. 30541 March 30, 1929 - PEOPLE OF THE PHIL. ISLANDS v. JOSE BELLA BAUTISTA

    053 Phil 158

  • G.R. No. 30610 March 30, 1929 - MANUEL SALAK v. LUIS ESPINOSA

    053 Phil 162

  • G.R. No. 30648 March 30, 1929 - RUFINO FAUSTO v. JOSE VILLARTA

    053 Phil 166

  • G.R. No. 30836 March 30, 1929 - VICENTE OLANO v. BERNARDINO TIBAYAN

    053 Phil 168

  • G.R. No. 31348 March 30, 1929 - TAN C. TEE & CO. v. BEN F. WRIGHT

    053 Phil 172