G.R. No. 131131, June 21, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ABELARDO SALONGA, accused-appellant.

FACTS

Abelardo Salonga, along with Flaviano Pangilinan, Amiel Garcia, and Ricardo Licup, was charged with the complex crime of Qualified Theft through Falsification of Commercial Document. The information alleged that on or before October 23, 1986, in Makati, the accused, conspiring and confederating with one another and having access to check preparation at Metrobank and Trust Company, with grave abuse of confidence and intent to gain, took the amount of P36,480.30 by forging the signature of authorized officers on Cashier’s Check No. 013702 and depositing it into the account of “Firebrake Sales and Services,” a non-existent transaction, to the damage of Metrobank. Only Salonga was arraigned, pleading not guilty; his co-accused remained at large. The Regional Trial Court (RTC) found Salonga guilty and sentenced him to an indeterminate prison term. The Court of Appeals modified the decision by increasing the penalty to reclusion perpetua, leading to the certification of the case to the Supreme Court.
The prosecution evidence established that an audit of Metrobank’s Loans and Placement Department revealed the unauthorized issuance of Cashier’s Check No. CC 013702 for P36,480.30. The signature of department manager Antonia L. Manuel on the check was a forgery. The check was deposited into an account at BPI-Ayala Ave. Branch. The accounting records showed a discrepancy equivalent to the check amount, indicating it was issued without a legitimate transaction. Accused Flaviano Pangilinan and Abelardo Salonga were confronted and admitted their participation. Salonga, after being apprised of his constitutional rights, gave a written statement admitting he issued the blank check to co-accused Amiel Garcia, who was in financial difficulty, and that he personally benefited P8,500.00 from the amount.

ISSUE

The central issue is whether accused-appellant Abelardo Salonga is guilty beyond reasonable doubt of the complex crime of Qualified Theft through Falsification of Commercial Document.

RULING

The Supreme Court found accused-appellant Abelardo Salonga guilty beyond reasonable doubt of the complex crime of Qualified Theft through Falsification of Commercial Document. The Court affirmed the factual findings of the lower courts, noting that the audit reports and the testimony of bank officers conclusively proved the unauthorized issuance of the cashier’s check and the forgery of the authorized signatory’s signature. Salonga’s extrajudicial confession, given after he was properly informed of his constitutional rights and which he never repudiated, corroborated the documentary evidence and detailed his participation. The amount stolen exceeded P22,000.00, and the crime was committed with grave abuse of confidence as Salonga, an acting assistant cashier with control over check issuance, abused his position of trust. Applying the penalties under the Revised Penal Code, the proper penalty for the complex crime is reclusion perpetua. The Court of Appeals’ modification was correct, and the decision imposing reclusion perpetua was affirmed.