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    GR 191015

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    Chad Baylon
    1) The Bangko Sentral ng Pilipinas closed the Orient Commercial Banking Corporation and placed it under receivership of the Philippine Deposit Insurance Corporation due to insolvency. PDIC began collecting on past due loans, including those allegedly granted to Timmy's Inc. and Asia Textile Mills Inc., but the companies denied taking loans from OCBC. 2) PDIC filed estafa through falsification of commercial documents charges against the respondents. The trial court granted the respondent's demurrer to evidence and dismissed the case. The Court of Appeals affirmed this decision. 3) The Supreme Court ruled that the Court of Appeals gravely erred in affirming the trial court's order granting the demur

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    GR 191015

    Uploaded by

    Chad Baylon
    280 views2 pages
    1) The Bangko Sentral ng Pilipinas closed the Orient Commercial Banking Corporation and placed it under receivership of the Philippine Deposit Insurance Corporation due to insolvency. PDIC began collecting on past due loans, including those allegedly granted to Timmy's Inc. and Asia Textile Mills Inc., but the companies denied taking loans from OCBC. 2) PDIC filed estafa through falsification of commercial documents charges against the respondents. The trial court granted the respondent's demurrer to evidence and dismissed the case. The Court of Appeals affirmed this decision. 3) The Supreme Court ruled that the Court of Appeals gravely erred in affirming the trial court's order granting the demur

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    Gr 191015

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    1) The Bangko Sentral ng Pilipinas closed the Orient Commercial Banking Corporation and placed it under receivership of the Philippine Deposit Insurance Corporation due to insolvency. PDIC began collecting on past due loans, including those allegedly granted to Timmy's Inc. and Asia Textile Mills Inc., but the companies denied taking loans from OCBC. 2) PDIC filed estafa through falsification of commercial documents charges against the respondents. The trial court granted the respondent's demurrer to evidence and dismissed the case. The Court of Appeals affirmed this decision. 3) The Supreme Court ruled that the Court of Appeals gravely erred in affirming the trial court's order granting the demur

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    280 views2 pages

    GR 191015

    Uploaded by

    Chad Baylon
    1) The Bangko Sentral ng Pilipinas closed the Orient Commercial Banking Corporation and placed it under receivership of the Philippine Deposit Insurance Corporation due to insolvency. PDIC began collecting on past due loans, including those allegedly granted to Timmy's Inc. and Asia Textile Mills Inc., but the companies denied taking loans from OCBC. 2) PDIC filed estafa through falsification of commercial documents charges against the respondents. The trial court granted the respondent's demurrer to evidence and dismissed the case. The Court of Appeals affirmed this decision. 3) The Supreme Court ruled that the Court of Appeals gravely erred in affirming the trial court's order granting the demur

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    © All Rights Reserved
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    of 2

    G.R. No.

    191015 August 6, 2014

    PEOPLE OF THE PHILIPPINES Petitioner,


    vs.
    JOSE C. GO, AIDA C. DELA ROSA, and FELECITAS D. NECOMEDES,** Respondents.

    Facts:
    On October 14, 1998, the Monetary Board of the Bangko Sentral ng Pilipinas
    (BSP) issued Resolution No. 1427 ordering the closure of the Orient
    Commercial Banking Corporation (OCBC) and placing such bank under the
    receivership of the Philippine Deposit Insurance Corporation (PDIC). PDIC
    began collecting on OCBC’s past due loans receivable by sending demand
    letters to its borrowers for the immediate settlement of their outstanding
    loans. Allegedly among these borrowers of OCBC are Timmy’s, Inc. and
    Asia Textile Mills, Inc. which appeared to have obtained a loan of 10 Million
    each. A representative of Timmy’s, Inc. denied being granted any loan by
    OCBC and insisted that the signatures on the loan documents were falsified.
    A representative of Asia Textile Mills, Inc. denied having applied, much less
    being granted, a loan by OCBC.
    On September 24, 1999, PDIC filed a complaint of Estafa thru Falsification of
    Commercial Documents in the Office of the City Prosecutor of the City of
    Manila against the private respondents in relation to the purported loans of
    Timmy’s, Inc. and Asia Textile Mills, Inc. After the presentation of all of the
    prosecution’s evidence, the private respondents filed a Motion for Leave to
    File Demurrer to Evidence and a Motion for Voluntary Inhibition. The
    presiding judge granted the private respondents’ Motion for Voluntary
    Inhibition and ordered the case to be re-raffled to another branch.
    The RTC judge finding the Demurrer to Evidence to be meritorious,
    dismissed the case and acquitted all of the accused in these cases.

    Issues:
    1. Whether or not CA erred in ruling that the RTC Judge did not commit
    grave abuse of discretion in granting the demurrer to evidence;
    2. Whether or not the acquittal has already attained finality when it was
    not challenged in a timely and appropriate manner;

    Ruling:
    1. The Court declares that the CA grossly erred in affirming the trial
    court’s July 2, 2007 Order granting the respondent’s demurrer, which
    Order was patently null and void for having been issued with grave
    abuse of discretion and manifest irregularity, thus causing substantial
    injury to the banking industry and public interest.1avvphi1 The Court
    finds that the prosecution has presented competent evidence to sustain
    the indictment for the crime of estafa through falsification of
    commercial documents, and that respondents appear to be the
    perpetrators thereof. In evaluating the evidence, the trial court
    effectively failed and/or refused to weigh the prosecution’s evidence
    against the respondents, which it was duty-bound to do as a trier of
    facts; considering that the case involved hundreds of millions of pesos
    of OCBC depositors’ money – not to mention that the banking industry
    is impressed with public interest, the trial court should have
    conducted itself with circumspection and engaged in intelligent
    reflection in resolving the issues.
    2. As a general rule, an order granting the accused’s demurrer to
    evidence amounts to an acquittal. There are certain exceptions,
    however, as when the grant thereof would not violate the
    constitutional proscription on double jeopardy. For instance, this
    Court ruled that when there is a finding that there was grave abuse of
    discretion on the part of the trial court in dismissing a criminal case by
    granting the accused’s demurrer to evidence, its judgment is
    considered void, as this Court ruled in People v. Laguio, Jr.

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