GR 31255; (August, 1929) (Digest)
G.R. No. 31255 , August 7, 1929
PEOPLE OF THE PHILIPPINE ISLANDS vs. ISAIAS GEYROSAGA
FACTS
Isaias Geyrosaga, a postmaster, was charged with estafa through falsification of public documents. The case stemmed from his handling of a money order (Exhibit C) payable to Demetria Sualibio. Geyrosaga delivered the money to an impostor claiming to be Sualibio. He admitted to writing the payee’s name “Demetria Sualibio” on the money order and a related card (Exhibit A) in the space for the payee’s signature, alleging the impostor was illiterate and he forgot to require her thumbprint due to being called away to a telegraph apparatus. The real Demetria Sualibio never received the funds and did not authorize the signature. The trial court convicted Geyrosaga, sentencing him to ten years and one day of prision mayor, a fine, and costs.
ISSUE
Whether the trial court erred in convicting Geyrosaga of the complex crime of estafa through falsification of public documents, instead of acquitting him based on his claim of an involuntary mistake.
RULING
The Supreme Court affirmed the conviction but modified the penalty. It rejected Geyrosaga’s defense as uncorroborated and improbable, noting that his handwriting on the falsified documents differed from his ordinary writing. The Court found that Geyrosaga, by making it appear that Demetria Sualibio participated in acknowledging payment when she did not, falsified public documents and misappropriated funds, causing fraud and prejudice. This constituted the complex crime of estafa through falsification of public documents under Article 535 (case 5) in relation to Article 300(2) of the Penal Code, as amended by Act No. 2712. Applying Article 39 of the Penal Code, the penalty for the more serious crime (falsification of public documents) was imposed in its minimum degree due to the absence of modifying circumstances. Geyrosaga was sentenced to ten years, eight months, and one day of prision mayor, with accessory penalties under Article 61, and a fine. The trial court’s judgment was affirmed with this modification.
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