GR L 3760; (October, 1907) (Digest)
G.R. No. L‑3760
October 19, 1907
FACTS
– Walter B. Brown presented to Walter E. Olsen’s cigar store a vale dated 10 Sept 1906 for ₱80, allegedly signed by J. H. Taylor.
– The store employee, J. W. Marker, believed the signature genuine and paid Brown ₱63 in cash plus goods worth ₱17.
– Taylor denied ever signing the vale; his signature was simulated.
– A secret‑service agent testified that Brown voluntarily confessed to fabricating the vale to relieve his debts.
– The trial court convicted Brown of falsification of a private document and sentenced him to “prisión” for one year 8 months 21 days, a fine, and restitution of ₱80.
– Brown appealed, arguing (1) the crime was not proven under Art. 304 in relation to Art. 300 of the Penal Code, and (2) the complaint was nulled by an amendment (addition of a Spanish translation) after his plea of not guilty.
ISSUE
1. Whether Brown’s act of forging the signature and rubric on the vale constitutes falsification of a private document punishable under Art. 304 in relation to Art. 300 of the Penal Code.
2. Whether the amendment of the complaint after the accused’s plea renders the judgment void.
RULING
– The Court held that Brown’s fabrication of the signature and rubric falls squarely within Art. 300(1) (“counterfeiting or feigning any writing, signature, or rubric”) and, applied to a private document to the prejudice of a third person, is punishable under Art. 304.
– No mitigating or aggravating circumstances were found; thus the medium‑grade penalty applies.
– The amendment of the complaint was a mere formal change (addition of a Spanish translation). Under Sec. 9, General Orders No. 58, such amendment does not prejudice the accused’s substantial rights, especially since Brown understood English and received the translated complaint. Consequently, the amendment does not invalidate the proceedings.
– The judgment of conviction is AFFIRMED, but the prescribed penalty is corrected to presidio correccional (one year, eight months, and twenty‑one days) instead of “prisión,” with costs awarded to the United States.
Concurring opinions: Chief Justice Arellano, and Justices Johnson, Willard, and Tracey.