Professional Documents
Culture Documents
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G.R. No. 164904. October 19, 2007.
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* THIRD DIVISION.
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CHICONAZARIO, J.:
1
In this petition for review on certiorari under Rule 45 of
the Rules of Court, as amended, petitioner Jose Antonio U.
Gonzalez (Gonzalez) seeks
2
1) the reversal of the 133
January 2004 Decision, and 6 August 2004 Resolution,
both of the Court of Appeals in CAG.R.4 SP No. 75469 and
2) the dismissal of the complaint for violation of
Presidential Decree No. 115, otherwise known as the
Trust Receipts Law, in relation to Article 315(1)(b) of the
Revised Penal Code, filed by respondent Hongkong &
Shanghai Banking Corporation (HSBC) against him before
the City Prosecutor of Makati and docketed as I.S. No. 00
G2473435.
The Court of Appeals, in its assailed decision and
resolution, found no grave abuse of discretion on the part of
the Secretary and the succeeding Acting Secretary, both of
the Department of Justice (DOJ), in their denial of
petitioner Gonzalezs petition for review and motion for
reconsideration, respectively. Consequently,
5
the appellate6
court affirmed the 17 October 2002, and 14 January 2003
twin resolutions of the DOJ, which
7
in turn affirmed the 13
September 2000 Resolution, of the City Prosecutor of
Makati, recommending the filing of an Information for
violation of Presidential Decree No. 115, in relation to
Article 315(1)(b) of the Revised Penal Code against
petitioner Gonzalez.
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8Composed of The Mimosa Golf and Country Club, the Holiday Inn
Resort Clark Field, the Monte Vista Hotel and the Mimosa Regency
Casino.
9 Annex 1 of respondent HSBCs Comment Rollo, p. 195.
10Annex 2 of respondent HSBCs Comment Id., at p. 196.
11 Annex 3 of respondent HSBCs Comment Id., at pp. 197198.
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1. The Document and the goods and/or proceeds to which they relate
(The Goods) will be held for your [HSBC] benefit and the entrustee will
receive the Documents and take delivery of the Good exclusively for the
purpose of selling the Goods unless you [HSBC] shall direct otherwise.
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2. The Documents, the Goods and the proceeds of their sale are and
will be held by the entrustee in trust for you [HSBC] as entruster and
solely to your [HSBC] order and the entrustee shall pay the proceeds to
you [HSBC], immediately on receipt thereof or of each portion thereof, as
the case may
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be, without setoff or any deduction. The records of the entrustee shall
properly record your [HSBC] interest in the Goods.
xxxx
10. This Trust Receipt shall be governed and construed in all respects
in accordance with P.D. 115 otherwise known as Trust Receipts Law.
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two (2) counts of Violation of P.D. 115 and that the attached 14
Information for that purpose be approved for filing in court.
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14Id., at p. 69.
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15Id.
16Id., at p. 93.
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17Id.
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18Id.
266
I.
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II.
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27Id., at p. 263.
28Id., at p. 264.
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29R.R. Paredes v. Calilung, G.R. No. 156055, 5 March 2007, 517 SCRA
369, 394.
30 Webb v. Hon. De Leon, 317 Phil. 758, 789 247 SCRA 652, 675676
(1995).
31 Lim, Sr. v. Felix, G.R. No. 9405457, 19 February 1991, 194 SCRA
292, 304.
32 R.R. Paredes v. Calilung, supra note 29 at p. 394.
33Webb v. Hon. De Leon, supra note 30 at p. 800.
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34 Andres v. Cuevas, G.R. No. 150869, 9 June 2005, 460 SCRA 38, 52.
35 D.M. Consunji, Inc. v. Esguerra, 328 Phil. 1168, 1185 260 SCRA 74,
86 (1996).
36R.R. Paredes v. Calilung, supra note 29 at p. 397.
37 Sarigumba v. Sandiganbayan, G.R. Nos. 15423941, 16 February
2005, 451 SCRA 533, 549.
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38 People v. Cuevo, 191 Phil. 622, 630 104 SCRA 312, 318 (1981).
39Id.
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again, this Court has stated that probable cause need not
be based on clear and convincing evidence of guilt, neither
on evidence establishing guilt beyond reasonable doubt
and, definitely, not on evidence establishing absolute
certainty of guilt but it certainly demands more than bare
suspicion and can never be left 41
to presupposition,
conjecture, or even convincing logic. In the present case,
there being sufficient evidence to support the finding of
probable cause by the City Prosecutor of Makati, the same
cannot be said to have resulted from bare suspicion,
presupposition, conjecture or logical deduction.
That petitioner Gonzalez neither had the intent to
defraud respondent HSBC nor personally
misused/misappropriated the goods subject of the trust
receipts is of no moment. The offense punished under
Presidential Decree No. 115 is in the nature of malum
prohibitum. A mere failure to deliver the proceeds of the
sale or the goods if not sold, constitutes a criminal offense
that causes prejudice
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not only to another, but more to the
public interest. This is a matter of public policy as
declared by the legislative authority. Moreover, this Court
already held previously that failure of the entrustee to turn
over the proceeds of the sale of the goods, covered by the
trust receipt, to the entruster or to return said goods if they
were not disposed of in accordance with the terms of the
trust receipt shall be punishable as estafa under Art.
315(1)(b) of the Revised43 Penal Code without need of
proving intent to defraud.
As a last ditch effort to exculpate himself from the
offense charged, petitioner Gonzalez posits that, the fact
that (he) held a high position in MLRC was not sufficient
reason to
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charge him for alleged violation of trust
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charge him for alleged violation of trust receipts.
Unfortunately, it is but a futile attempt. Though petitioner
Gonzalez signed the Trust Receipts merely as a corporate
officer of MLRC and had no physical possession of the
goods subject of such receipts, he cannot avoid
responsibility for violation of Presidential Decree No. 115
for two unpretentious reasons: first, that the last sentence
of Section 13 of the Trust Receipts Law, explicitly
imposes the penalty provided therein upon directors,
officers, employees or other officials or persons therein
responsible for the offense, without prejudice to the civil
liabilities arising from the criminal offense, of a
corporation, partnership, association or other juridical
entities found to have violated the obligation imposed
under the law. The rationale for making such officers and
employees responsible for the offense is that they are
vested with the authority and responsibility to devise
means necessary to ensure compliance with the law and, if
they fail to do so, are held criminally accountable thus, 45
they have a responsible share in the violations of the law.
And second, a corporation or other juridical entity cannot
be arrested and imprisoned hence, cannot
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be penalized for
a crime punishable by imprisonment.
Petitioner Gonzalezs allegation that Best Price PX, Inc.
is the real party in the trust receipt transaction and his
assertion that the real transaction between respondent
HSBC and MLRC is a loan agreement, are matters of
defense best left to the trial courts deliberation and
contemplation after conducting the trial of the criminal
case. To reiterate, a preliminary investigation for the
purpose of determining the existence of probable cause is
not part of the trial. A full and exhaustive
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47 Ledesma v. Court of Appeals, 344 Phil. 207, 226 278 SCRA 656, 674
(1997).
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[2005])
An alleged payment of trust receipts accounts never
became effectual where there was failure of the parties to
finalize the loan restructuring arrangement. (Metropolitan
Bank and Trust Company vs. Tonda, 338 SCRA 254 [2000])
o0o
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