Republic of the Philippines

Department of Justice
Office of the City Prosecutor
Manila

PSSG GLICERIO ENCELA,

PEMS ROBERTO CHUA,
And PSMS RUEL CHU,
Complainants,

-versus-

LOTH AGUILAR y DAHAW,

Respondent.

Resolution

This is to resolve an inquest case for Estafa through Falsification of

Official Document filed by the police officers of CIDG-Manila District Field
Unit against herein respondent.

It was alleged that on July 4, 2019 at about 3:45 PM, respondent were
arrested after he was caught in the act of accepting the money in the
entrapment operation.

Prior to the arrest of the respondent, the police officers received a report that
there were an alleged illegal activities engaged in the manufacturing and
production of believed faked school certificates at the area of C.M Recto
Avenue corner Morayta Street and along Quezon Boulevard, all were in Sta.
Cruz Manila.

After receiving the information, they formed a team purposely to conduct

validation by way of posing a civilian customer wanting to have production of
school diploma and confirmed the said illegal activities and arrest those
actually involved. Seized during the operation were:
  one (1) School Diploma of University of Manila under the name of
Glicerio A. Encela with course entitled Bachelor of Science in
Criminology (marked as LDA-1 07-04-19 with signature)

For an accused to be charged of the complex crime of Estafa through

Falsification of Official Documents, all elements of the two (2) crimes of
estafa and other deceits and falsification of official document must exist.

For one to be held liable for “other deceits” under the law, it is required to
probed the following essential elements: (1) false pretense, fraudulent act or
pretense other than the preceding articles; (2) such false pretense,
fraudulent act or pretense must be executed prior to or simultaneously with
the commission of the fraud; and (3) as a result the offended party suffered
damage or prejudice. (Guinhawa vs. People, 468 SCRA 278 (2005)

On the other hand, the elements of Falsification of public, official or

commercial document by a private individual as defined in Article 172,
paragraph 1, of the Revised Penal Code are: (1) that the offender is a
private individual or a public officer or employee who did not take advantage
of his official position; (2) that he committed any acts of falsification
enumerated in Article 171; and (3) the falsification was committed in any
public or official or commercial document.

In the case of Nierva vs. People of the Philippines, 503 SCRA 114, the
Supreme Court said: If a person had in his possession a falsified document
and he made use of it, taking advantage of it and profiting thereby, the clear
presumption is that he is the material author of falsification.

In the case at bar, the complainants were able to substantiate that

respondent is producing or making faked school certificates causing to
appear that the proper authority have participated in the act when in fact
they did not participated and making untruthful statements in narration of
facts.

In the crime of estafa, damage or intent to cause damage is not an element

in this complex crime. It is sufficient that the offender committed or performed
the acts of falsification as defined under Article 171. What is punished under
the law is the violation of public faith and the perversion of the truth as
solemnly proclaimed by the nature of the document.
It is hereby recommended that Information for crime of Estafa through
Falsification of Official Documents be filed against the respondent.

Manila. November 15, 2019.

GIL B. MENDOZA
Senior Assistant City Prosecutor
Member, Ninth Division
MCLE Compliance VI No. 0002031
Issued on: March 27, 2017

Copy Furnished:
1) PSSG GLICERIO ENCELA – Manila District Field Unit, NCR-CIDG, 2nd
Floor, Logistics Buiding, MPD Headquarters, United Nation Avenue,
Ermita, Manila
2) PMS ROBERTO CHUA - Manila District Field Unit, NCR-CIDG, 2nd
Floor, Logistics Buiding, MPD Headquarters, United Nation Avenue,
Ermita, Manila
3) PSMS RUEL CHU - Manila District Field Unit, NCR-CIDG, 2nd Floor,
Logistics Buiding, MPD Headquarters, United Nation Avenue, Ermita,
Manila
4) LOTH AGUILAR y DAHAW – Bilibid Viejo, Quiapo, Manila