GROUP 3

BERMACHEA, JOANA
PENA, DIANE
RODRIGUEZ, MARY GRACE
ROMERO, IRISH
VELASCO, SHARMAINE

ESTAFA THROUGH FALSIFICATION OF PUBLIC DOCUMENT

(PASCUAL V. PEOPLE OF THE PHILIPPINES, GR NO. 204873)

I.
SETTING: Irish asked Maine (secretary) to pay Irish’s capital gain of tax and to process
her tct

IRISH: *Calls Maine on the telephone* Can you please come here to the office. I have something
to tell you.

MAINE: Okay ma’am.

IRISH: I want you to go Dagupan, because I bought a property there. But I have a pile of meeting
for the next few weeks. So I want you to pay my capital gains tax and process the TCT. Here’s
my check book, it has already my signature just encash whatever amount is needed. Ikaw na
bahala. Just make sure that you’ll finish a thing or two, okay?

MAINE: Okay ma’am

II.
SETTING: Maine called her friend Grace to inform her that she is on his way to Dagupan

MAINE: Hello Grace! Papunta ako sa Dagupan ngayon, saan ka?

GRACE: Nasa Dagupan ako. Anong gagawin mo dito?

MAINE: I-pprocess ko yung TCT ng boss ko may binili kasi siyang property sa Dagupan.
Magbabayad na rin ako ng capital gains tax niya.

GRACE: Nako! Swerte mo! May kaibigan akong nag-ttranaho sa City Assessor’s Office.

MAINE: Oh? Talaga?

GRACE: Oo! Mapapabilis ang pag process mo at mas konti babayaran ng boss mo, Meet tayo
sa SM in 10 mins!

MAINE: Talaga ba?! Sige sige!

III.
SETTING: Maine, Grace and Jo (the friend) met in SM

GRACE: Maine, si Joana yung sinasabi ko sayong kaibigan ko na nag-ttrabaho sa City

Assessor’s Office siya yung sinasabi ko sayong makakatulong sayo.

MAINE: Hello! *shakes hand*

JOANA: Kamusta? *shakes hand*

MAINE: Okay naman. Eto nga *shows the check* magbabayad sana ako.

JOANA: Nako! P130,000 lang pwede na. Ipa-encash mo na yan, may “connections” ako sa BIR.
Makabayad na tayo at mapabilis pa yung pag process mo!

MAINE: Oo sige! Pero pwede ko ba makilala yung “connections” mo sa BIR?

JOANA: Ayy, hindi kasi pwede eh.

MAINE: Bakit naman?

JOANA: Busy kasi yon. Kaya ako na lang *smiles* sige na ipa-encash mo nay an para di tayo
hapunin

GRACE: Oo nga Maine ipa-encash mo na yan. Baka ma-traffic pa tayo.

MAINE: Okay sige

IV.
SETTING: Maine, Grace and Jo went to BIR

JOANA: Kunin ko na yung pera Maine, para mabayaran ko na.

MAINE: *hesistant* uhm? Kasi... pwede ko ba munang makilala yung “connections” mo

JOANA: Alam mo kasi Maine, hindi ka niya mahaharap, busy kasi yun. Tsaka alam mo naman,
na i-aaccommodate niya lang tayo kasi kaibigan ka ni Grace at kung gusto mo talagang konti lang
babayaran mo, humingi nga lang ako ng pabor e.

GRACE: Sige na kasi Maine, ibigay mo na. Ayaw mo pa niyan, mapapabilis ka.

MAINE: *still hesistant* uhm... sige na nga. *handed the money to Jo*

V.
SETTING: Jo handed the photocopied BIR Reciept

JOANA: *handed the receipt* eto maine yung photocopy ng resibo

MAINE: Nasan yung original?

JOANA: *nervous* ah andun sa kakilala ko, yung sa sinasabi kong contact ko.

MAINE: *doubtful* ahh.. okay. Okay na ba? Wala ng problema?

JO: Oo okay na, diba sabi ko sayo mabilis lang e. In 3 months madedeliver na sa boss mo yung
TCT niya.

VI.
SETTING: Maine gives the receipt to Irish
IRISH: Maine. How was it? Kamusta yung pinapa-asikaso ko sayo?

MAINE: *handed the receipt* eto na po yung receipt

IRISH: What’s this?! *angry tone* bakit? Photocopy? I must have the original receipt! I’m gonna
talk call the BIR office about this!
IRISH: Hello, is this the Dagupan BIR Office?

DIANE: Good evening ma’am, yes, eto nga po. How can I help you?

IRISH: Hi. My name is IRISH ROMERO I have a concern about the payment of my tax because
few days ago I asked my assistance to go your office and pay my capital gains tax for the property
I just bought recently. According to her she has a friend who helped her pay my tax her name is
Joana, an employee of City Assessor’s office. Can you please check your record if you happen to
have an employee named Joana and if there’s payment made under my name.

DIANE: Okay ma’am. For a while.

*after a few mins*

DIANE: Hello ma’am as I checked our records we don’t have an employee in City Assessor’s
Office named Joana as well as no payment has been made under your name.

IRISH: Really? Okay thank you for your help. I will talk to my lawyer about this

VII.
SETTING *Irish and Maine went to Irish’s lawyer*

DIANE: Hello! Good evening Ma’am!

IRISH: Good evening Atty!

DIANE: Kamusta naman po?

IRISH: I have something to consult to you atty

DIANE: Yes ma’am, ano po yun?

IRISH: Maine, i-kwento mo kung anong nangyari

MAINE: *narrates the facts*

DIANE: okay.. ano po bang gusto niyong mangyari ma’am

IRISH: I just want my money back! What are my options attorney?

DIANE: If that is the case ma’am, I see two options here

IRISH: Okay ano yun?

DIANE: You have the options of extrajudicial claim or through legal process
IRISH: What’s the extrajudicial claim attorney?

DIANE: An extrajudicial claim may be made in oral or written. Kakausapin niyo siya personally
or in other ways that you can be able to speak with her, we can call her if you have her number
or if oral claim is not available it may be made through written claim, we will send her a demand
letter in her last known address.

IRISH: Okay, how about the legal process?

DIANE: Your other option is through legal process, we can file a complaint-affidavit charging
her estafa through falsification of public document. However, ma’am we have to send her a
demand letter first because it is a pre-condition for charging that case.

IRISH: Why are we going to file her estafa through falsification of public document? What does
that mean?

DIANE: First you have to know that Estafa through Falsification of Public Document is a crime
punishable under our Revised Penal Code. *shows the book* you can see estafa as well as the
falsification of public document in the same law. The question is why estafa through falsification
of public document. Basically, estafa and falsification of public document is two distinct crimes.
However, since the commission of falsification of public document is a necessary act to commit
the estafa, under our law it is considered as complex crime.

First, let me discuss those acts are that constitutes falsification of public document:

1. Counterfeiting or imitating any handwriting, signature or rubric

2. Causing it to appear that persons have participated in any act or proceeding when they did
not in fact so participate
3. Attributing to persons who have participated in an act or proceeding statements other than
those in fact made by them
4. Making untruthful statements in a narration of facts
5. Altering true dates
6. Making any alteration or intercalation in a genuine document which changes its meaning
7. Issuing in an authenticated form a document purporting to be a copy of an original
document when no such original exists, or including in such a copy a statement contrary
to, or different from, that of the genuine original; or
8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry,
or official book.

Second, what is estafa?

There are 3 ways to commit estafa

1. With unfaithfulness or abuse of confidence
a. By altering the substance, quantity, or quality or anything of value which the
offender shall deliver by virtue of an obligation to do so, even though such obligation
be based on an immoral or illegal consideration.
b. By misappropriating or converting, to the prejudice of another, money, goods, or
any other personal property received by the offender in trust or on commission, or
for administration, or under any other obligation involving the duty to make delivery
of or to return the same, even though such obligation be totally or partially
guaranteed by a bond; or by denying having received such money, goods, or other
property.
 c. By taking undue advantage of the signature of the offended party in blank, and by
writing any document above such signature in blank, to the prejudice of the offended
party or of any third person.
2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud
By using fictitious name, or falsely pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions, or by means of other similar
deceits.
a. By altering the quality, fineness or weight of anything pertaining to his art or
business.
b. By pretending to have bribed any Government employee, without prejudice to the
action for calumny which the offended party may deem proper to bring against the
offender. In this case, the offender shall be punished by the maximum period of the
penalty.
c. By post-dating a check, or issuing a check in payment of an obligation when the
offender therein were not sufficient to cover the amount of the check. The failure of
the drawer of the check to deposit the amount necessary to cover his check within
three (3) days from receipt of notice from the bank and/or the payee or holder that
said check has been dishonored for lack of insufficiency of funds shall be prima facie
evidence of deceit constituting false pretense or fraudulent act. (As amended by R.A.
4885, approved June 17, 1967.)
d. By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant,
boarding house, lodging house, or apartment house and the like without paying
therefor, with intent to defraud the proprietor or manager thereof, or by obtaining
credit at hotel, inn, restaurant, boarding house, lodging house, or apartment house
by the use of any false pretense, or by abandoning or surreptitiously removing any
part of his baggage from a hotel, inn, restaurant, boarding house, lodging house or
apartment house after obtaining credit, food, refreshment or accommodation therein
without paying for his food, refreshment or accommodation.
3. Other fraudulent means

IRISH: If I were to ask you attorney? What could be the best solution?

DIANE: Honestly ma’am with the two options that I gave you, either one can be the best solution
it really depends on you on what you want. Kayo po ang mag dedesisyon, I’m just here as your
retainer lawyer to guide you and counsel you, at the end of this conversation it is you who will
decide.

IRISH: Okay, thank you attorney! Pag-isipan ko.

DIANE: Sure ma’am, you have my number, you can come in the office anytime, just tell me
whatever your decision is.

- END -