G.R. No. 192274 ; February 8, 2012
NORBERTO LEE, Petitioner, vs. PEOPLE OF THE PHILIPPINES and ALLIED BANK, Respondents.

FACTS

Petitioner Norberto Lee, a New Account Service Representative at Allied Bank, was charged with eight counts of Estafa thru Falsification of Commercial Documents. The Informations uniformly alleged that on various dates, Lee forged the signatures of bank officers on manager’s checks, which he then encashed for his own benefit, causing damage to the bank. After the trial had commenced, Lee filed a Motion for Document and Handwriting Examination by the NBI. He argued that a prior PNP Crime Laboratory report was partial and incomplete, as it failed to examine his signatures, and he sought an independent NBI examination in the interest of justice.
The Regional Trial Court (RTC) denied Lee’s motion. It ruled that the trial was already ongoing and Lee could present an NBI expert during his defense. It further emphasized that the opinion of handwriting experts is not binding on the court, as the judge must conduct an independent examination. Lee’s subsequent motion for reconsideration was filed two days late and was also denied by the RTC. The Court of Appeals affirmed the RTC’s orders, prompting Lee to elevate the case via a petition for review on certiorari.

ISSUE

Whether the RTC committed grave abuse of discretion in denying Lee’s Motion for Document and Handwriting Examination by the NBI.

RULING

The Supreme Court denied the petition and affirmed the lower courts’ rulings. The RTC did not commit grave abuse of discretion. Its denial was based on sound legal grounds: first, the motion was filed after the trial had already started, and second, the court correctly noted that expert opinion on handwriting is merely advisory and not conclusive. The court retains the duty to independently evaluate questioned signatures under the Rules on evidence. The denial was also without prejudice, as Lee was expressly allowed to present an NBI expert witness during the presentation of his defense evidence.
The Court distinguished this case from Marquez v. People, where an early request for NBI examination was made during the preliminary investigation stage. Here, Lee belatedly filed his motion during trial, and his motion for reconsideration was filed out of time. Procedural rules are not mere technicalities but essential to the orderly administration of justice. The RTC’s orders were issued within its sound discretion to control the proceedings and ensure an expeditious trial, with due regard to Lee’s right to present his defense through available means at the proper time.