BATULANON vs. PEOPLE (Criminal Law Review)

G.R. No. 139857             September 15, 2006

LEONILA BATULANON, petitioner, 

vs.

PEOPLE OF THE PHILIPPINES, respondent.

FACTS:

Leonila Batulanon is Cashier/Manager of Polomok Credit Cooperative Incorporated (PCCI) from May 1980 up to December 22, 1982. She was in charge of receiving deposits from and releasing loans to the member of the cooperative, certain irregularities concerning the release of loans were discovered. It was found that Batulanon falsified four commercial documents, all checks/cash vouchers representing granted loans to different persons namely: Omadlao, Oracion, Arroyo and Dennis Batulanon, making it appear that said names were granted a loan and received the amount of the checks/cash vouchers when in truth and in fact the said persons never received a grant, never received the checks, and never signed the check vouchers issued in their names. In furtherance, Batulanon released to herself the checks and received the loans and thereafter misappropriated and converted it to her own use and benefit. 

Thereafter, four Informations for Estafa through Falsification of Commercial Documents were filed against Batulanon. The prosecution presented Medallo, Gopio, Jr. and Jayoma as witnesses. Medallo, the posting clerk whose job was to assist Batulanon in the preparation of cash vouchers testified that Batulanon forged the signatures of Omadlao, Oracion and Arroyo. Gopio, Jr. stated that Oracion is Batulanon’ sister-in-law and Dennis Batulanon is her son who was only 3 years old in 1982. He averred that membership in the cooperative is not open to minors. 

On April 15, 1993, the trial court rendered a Decision convicting Batulanon of Estafa through Falsification of Commercial Documents. The Court of Appeals affirmed the decision of the trial court, hence this petition. 

ISSUE: 

Whether the crime committed by Batulanon was Falsification of Private Documents. 

RULING:

Yes. Although the offense charged in the Information is Estafa through Falsification of Commercial Documents, Batulanon could be convicted of Falsification of Private Documents under the well-settled rule that it is the allegation in the information that determines the nature of the offense and not the technical name given in the preamble of the information. 

As there is no complex crime of Estafa through Falsification of Private Documents, it is important to ascertain whether the offender is to be charged with Falsification of a Private Document or with Estafa. If the falsification of a private document is committed as a means to commit estafa, the proper crime to be charged is falsification. If the Estafa can be committed without the necessity of falsifying a document, the proper crime is Estafa. SC finds that the Court of Appeals correctly held Batulanon guilty beyond reasonable doubt of Falsification of Private Documents in the cases of Omadlao, Oracion and Arroyo. 

In the case of Dennis Batulanon, records show that Batulanon did not falsify the signature of Dennis. What she did was to sign: “by: Ibatulanon” to indicate that she received the proceeds of the loan in behalf of Dennis. Said act does not fall under any of the modes of Falsification under Article 171 because there is nothing untruthful about the fact that she used the name of Dennis and that as representative of the latter, obtained the proceeds of the loan from PCCI. The essence of falsification is the act of making untruthful or false statements, which is not attendant in this case. As to whether, such representation involves fraud which caused damage to PCCI is a different matter which will make her liable for estafa, but not for falsification. Hence, it was an error for the courts below to hold that Batulanon is also guilty of Falsification of Private Document with respect to the case involving the cash voucher of Dennis Batulanon.