29. Garcia Vs. Ca.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S Garcia vs. CA (G.R. No. 128213)

Facts: The petitioner is Avella Garcia. The respondents ar the Hon. CA and the People of the Philippines. In the case at bar, sometime in early October 1990, there was a verbal agreement entered between a certain Alberto Quijada, Jr. and the herein petitioner Avella, for the sale of the petitioner’s house located in Mandaluyong for a price of P1.2 Million. There first payment was amounting to P155,000. The second payment amounts to P5,000 petitioner prepared in her own handwriting two identical receipts that was signed by Albero and his sister Alicia Gonzales as a witness. The relationship between the petitioner and Alberto become sour, as the petitioner filed a complaint for estafa against Alberto. However, the receipt she submitted as evidence seems to be altered, as it now appears that the amount from P5,000 was changed to P55,000.

Issue: Is the petitioner liable for falsification.

Held: The Supreme Court said that in order for a person to be convicted of the crime of falsification, the following elements must concur. These are: “(1) that there be an alteration (change) or intercalation (insertion) on a document; (2) that it was made on a genuine document; (3) that the alteration or intercalation has changed the meaning of the document; and (4) that the changes made the document speak something false.” In the case herein, since it is clear that there was an alteration in the receipt that was presented, which changes the amount from P5,000 to P55,000, the petitioner’s conviction is affirmed by the Supreme Court.