G.R. No. 1934 : April 29, 1905

FACTS:
Juan de Leon and Albino de Leon were convicted by the Court of First Instance of Tarlac for the crime of uttering a counterfeit bank note under Article 292 of the Penal Code. They were each sentenced to presidio correccional for two years and five months, a fine of 625 pesetas, and payment of costs. Only Albino de Leon appealed the conviction. The facts established that Juan de Leon paid a debt using a counterfeit 50-peso note from the Spanish-Filipino Bank. When the creditor expressed doubt about the note’s authenticity, Albino de Leon assured him it was genuine and promised to cover the loss if it proved counterfeit. The note was indeed counterfeit, and Albino later refused to honor his promise.

ISSUE:
Whether Albino de Leon is guilty of the crime of uttering a counterfeit bank note, either as a principal or an accomplice, absent proof that he knew the note was counterfeit at the time he vouched for its authenticity.

RULING:
The Supreme Court REVERSED the conviction of Albino de Leon. The crime defined under Article 292 of the Penal Code requires proof that the accused uttered the note knowing it to be counterfeit (scienter or guilty knowledge). The evidence failed to establish that Albino de Leon was aware the note was counterfeit when he assured the creditor of its genuineness. Since guilty knowledge is an essential element of the crime, his conviction cannot stand. The Court acquitted Albino de Leon. The costs of the appeal and one-half of the trial court costs were ordered de oficio.