PEOPLE OF THE PHILIPPINES, Petitioner, vs. HON.

FELICIDAD CARANDANG VILLALON

and FEDERICO DE GUZMAN, Respondents.
G.R. No. 43659 December 21, 1990
REGALADO, J.:
FACTS: De Guzman was charged with estafa thru falsification of public document on March 29,
1974. As the attorney-in-fact of Mariano Carrera (complainant), in 1964, De Guzman forged his
signature on the special power of attorney (SPA) to use it to mortgage Carreras parel of land and
obtain a loan from the mortgage bank. Both documents (Power of Atty. and mortgage contract)
were later registered with the Registry of Deeds of Pangasinan. The mortgage foreclosed, the
land was bought by someone else, and Carrera only knew about it when an action for ejectment
was filed against him by the new owner in 1972. The trial court dismissed the case against De
Guzman on the grounds that the said crime, which was punishable by prision correcional, already
prescribed, pursuant to Art. 90 of the RPC. The SC affirmed the challenged decision of the trial
court, ruling that the crime prescribed upon the public registry of the power of attorney which is
considered a notice to the whole world.
ISSUES: 1. W/n the charge of estafa thru falsification of a public document has sufficient basis to
exist in law and in fact
2. W/n the crime has prescribed
HELD:
1. YES. Falsification is only the means necessary to commit the estafa because before the
falsified document is used to defraud another, the crime of falsification was already
consummated. The damages were caused by the commission of estafa. The alleged
authorization given to De Guzman to get a loan from the Bank only pertains to the half owned by
Marianos brother. In his testimony, Mariano only quoted his brother.
2. YES. The start of the prescriptive period was when the falsified SPA was registed in the
Registry of Deeds on Feb. 13, 1964. In a crime of falsification of public document, the prescriptive
period commences from the time the offended party had constructive notice of the alleged forgery
after the document was registered with the Register of Deeds.