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THIRD DIVISION
-versus-
DECISION
PEREZ, J.:
(
Decision 2 G.R. No. 191087
Avacilla (Joseph) seeking to nullify the Decision 1 dated 30 June 2009 and
Resolution 2 dated 25 January 2010 of the Court of Appeals in CA-G.R. SP
No. I 07234 which reinstated the Resolution of the Secretary of Justice
directing the filing of Informations for the crime of Syndicated Esta/a
against petitioners.
stalls. Furthermore, these stalls were already sold to and occupied by other
buyers. Caronan and Ciriaco also filed their separate complaints. 4
Delia claimed that Sy had been her long-time client. She brokered
Sy's lending business, as well as his Subic properties. Delia argued that the.
sales transaction over properties in Quezon City was between Sy and
Felicitas Javier; and that it took Sy 14 years before he filed a complaint.
Thus, his action is barred by prescription and laches. Delia proferred that Sy
filed the instant complaints to avoid paying her broker's commission. Delia
6
Id. at 50-51.
ld.at51.
Id. at 79-87. ~
Decision 4 G.R. No. 191087
likewise contend that the other sales transaction was between one Teresita
Echevaria and Wong and that it took her 14 years from the time of sale to
file a complaint. Said cause of action had similarly prescribed. With respect
to Benero, Pineda and Caramol, Delia admitted that these three (3)
complainants are buyers of her house and lot but Sy was also claiming
ownership of the properties based on a criminal and civil complaint
involving a sum of money against Delia. Delia assured the three that she
would honor her agreement with them. Delia also claimed that Benero,
Pineda and Caramol defaulted in their subsequent payments. Finally, in
regard to the complaints of Caronan and Ciriaco, Delia asserted that their
payments were coursed to Sy and not to her, hence, they do not have any
cause of action against her. 7
Id. at 100-101.
Id.
9
Id. 103.
10
Id.
II
Id. at 103-104.
12
Id. at 90-113.
13
Id. at 113.
Decision 5 G.R. No. 191087
Accordingly, six (6) Informations 14 were filed on the same day against
respondents before the Regional Trial Court of Quezon City.
The Court of Appeals ruled that the DOJ Secretary committed grave
abuse of discretion in promulgating the Resolution dated 15 January 2009.
The appellate court found that all elements of the crime of syndicated estafa.
under Presidential Decree (P.D.) 1689 are present. The appellate court held
that P.D. 1689 also applies to "other corporations/associations operating on
funds solicited from the public" and that petitioners' corporation falls
squarely within the coverage of the law.
14
15
16
17
Id.
Id.
Id.
Id.
at
at
at
at
116-133.
144-153.
154-162.
163-169.
~
18
Id. at 48-67.
Decision 6 G.R. No. 191087
In the instant petition, petitioners insist that they are not organized as
anyone of the group enumerated in P.D. 1689. Petitioners claim that they
were not soliciting funds from the general public. Petitioners add that the
Court of Appeals erred in applying the case of People v. Balasa 19 to indict
petitioners for syndicated estafa because IBL could hardly fall in the
category of the foundation as specified in the aforecited case. 20
19
356 Phil. 362 (1998).
20
Rollo, p. 22.
21
Fenequito v. Vergara, 691 Phil. 335, 345-346 (2012) citing Reyes v. Pear/bank Securities, Inc.,
582 Phil. 505, 518-519 (2008).
f
22
Section 1. Any person or persons who shall commit estafa or other forms of swindling as defined
in Article 315 and 316 of the Revised Penal Code, as amended, shall be punished by life
imprisonment to death if the swindling (estafa) is committed by a syndicate consisting of five or
more persons formed with the intention of carrying out the unlawful or illegal act, transaction,
enterprise or scheme, and the defraudation results in the misappropriation of money contributed by.
stockholders, or members of rural banks, cooperative, "samahang nayon(s)", or farmers
association, or offunds solicited by corporations/associations from the general public.
Decision 7 G.R. No. 191087
~
a. That there must be false pretense, fraudulent act or
fraudulent means
23
Hao v. People, G.R. No. 183345, 17 September 2014, 735 SCRA 312, 327.
Decision 8 G.R. No. 191087
The corresponding vouchers (Annexes "C " "D " "E " "F " "G "
' ' ' '
"H," and "I" to Sy's complaint; "A," "B," "C" and "D" to Caronan's
'
complaint; "A," "B," "C" and "D" to Ciriaco's complaint), which were
not denied by [petitioners], clearly show that Spencer, Caronan and
Ciriaco sustained pecuniary damages amounting to Pl,353,000.00.
The IBL official receipts (Annexes "C," "D," "E," and "F") and
pay vouchers ("G" and "H"), the authenticity of which were not denied
by [petitioners], clearly show that Wong sustained pecuniary damages
amounting to P5,000,000.00.
24
Rollo, pp. 104-107.
K
Decision 10 G.R. No. 191087
Section 1. Any person or persons who shall commit estafa or other forms
of swindling as defined in Article 315 and 316 of the Revised Penal Code,
as amended, shall be punished by life imprisonment to death if the
swindling (estafa) is committed by a syndicate consisting of five or more
persons formed with the intention of carrying out the unlawful or illegal
act, transaction, enterprise or scheme, and the defraudation results in the
misappropriation of money contributed by stockholders, or members of
rural banks, cooperative, "samahang nayon(s)", or farmers association, or
of funds solicited by corporations/associations from the general public.
DONE in the City of Manila, this 6th day of April, in the year of Our
Lord, nineteen hundred and eighty.
R
Decision 11 G.R. No. 191087
Similarly, the fact that the entity involved was not a rural bank,
cooperative, samahang nayon or farmers' association does not take the
case out of the coverage of P.D. No. 1689. Its third "whereas clause"
states that it also applies to other "corporations/associations operating
on funds solicited from the general public." The foundation fits into
these category as it "operated on funds solicited from the general
public." To construe the law otherwise would sanction the proliferation
of minor-league schemers who operate in the countryside. To allow
these crimes to go unabated could spell disaster for people from the
lower income bracket, the primary target of swindlers. 27
~
25
686 Phil. 924, 942 (2012).
26
Supra note 19.
27
Id. at 396-397.
28 Villanueva v. Caparas, G.R. No. 190969, 30 January 2013, 689 SCRA 679, 685-686.
Decision 12 G.R. No. 191087
SO ORDERED.
EZ
29
Rollo, p. 65.
Decision 13 G.R. No. 191087
WE CONCUR:
LMENDOZA
Associate Justlce
Associate Justice
ATTESTATION
I attest that the conclusions in the above Decision had been reached in
consultation before the case was assigned to the writer of the opinion of the
Court's Division.
CERTIFICATION
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