GR 41008; (October, 1934) (Digest)
G.R. No. 41008 ; October 23, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. ISIDORO T. POLICHER, defendant-appellant.
FACTS
The accused, Isidoro T. Policher, was the municipal treasurer of Kolambugan, Lanao. He was charged with the complex crime of estafa through falsification of public documents. The information alleged that between May 20, 1928, and May 29, 1930, he falsified nine cedula certificates by erasing the original payees’ names and reissuing them to three Moros (Somampot, Donato Marcos, and Tindigan Dipatuan), appropriating the payments totaling P36. The trial court convicted him and sentenced him to ten years and one day of prision mayor, a fine, and indemnification. The defense argued the prosecution was a frame-up by his enemies, the Moro witnesses were not credible, and the evidence did not prove guilt beyond reasonable doubt.
ISSUE
Whether the accused is guilty beyond reasonable doubt of the complex crime of estafa through falsification of public documents.
RULING
Yes, the Supreme Court affirmed the conviction. The evidence established that the accused, familiar with his own handwriting, made the alterations on the cedula certificates. The original payments for the cedulas were properly recorded and deposited, but the payments from the three Moros for the reissued cedulas were neither deposited nor recorded, indicating misappropriation. The testimonies of the clerk familiar with the accused’s handwriting and the Moro witnesses were credible. The Court found no merit in the defense’s claim of a frame-up and held that the guilt was proven beyond reasonable doubt. The dissenting opinion expressed doubt about the guilt, citing possible vindictiveness, the need for a handwriting expert, and the denial of a fair trial due to insufficient time to procure one.
AI Generated by Armztrong.