GR 214231; (September, 2020) (Digest)
G.R. No. 214231 . September 16, 2020.
MARILYN Y. GIMENEZ, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND LORAN INDUSTRIES, INCORPORATED, RESPONDENTS.
FACTS
Petitioner Marilyn Y. Gimenez was an employee and corporate secretary of Loran Industries, Inc. On June 19, 2003, the Board of Directors passed a resolution adopting a two-signatory policy for checks and dollar withdrawals. On August 25, 2003, petitioner executed and notarized a Secretary’s Certificate stating that on August 15, 2003, the Board approved a resolution allowing only one signatory for checks and withdrawals, effective August 26, 2003. This certificate was discovered by Lorna Quisumbing in October 2004 after she saw checks bearing only one signature that were honored by the bank. Loran Industries filed a complaint, and an Information was filed against petitioner for falsification of a public document, alleging she made it appear the Board participated in and approved the resolution when they did not. The prosecution presented Lorna and Antonio Quisumbing, who testified there was no meeting or board resolution on August 15, 2003. For the defense, petitioner testified that Paolo Quisumbing, a director, instructed her to make the resolution after she discussed operational delays caused by the two-signatory policy. The Regional Trial Court convicted petitioner, and the Court of Appeals affirmed the conviction with modification of the penalty.
ISSUE
Whether petitioner Marilyn Y. Gimenez is guilty of falsification of a public document under Article 172(1) in relation to Article 171(2) of the Revised Penal Code.
RULING
Yes. The Supreme Court affirmed the conviction. The elements of falsification of a public document by a private individual are present: (1) the offender is a private individual; (2) the offender committed any of the acts of falsification under Article 171; and (3) the falsification was committed in a public or official document. Petitioner, a private individual, executed a notarized Secretary’s Certificate, a public document, falsely stating that the Board of Directors held a meeting and passed a resolution on August 15, 2003, when no such meeting occurred. Her claim that she acted upon the instruction of Paolo Quisumbing was uncorroborated and deemed a mere denial. The Court found that she acted with deliberate intent to falsify the document, causing damage to Loran Industries. The penalty imposed by the Court of Appeals was affirmed.