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    Del Rosario Vs People, 3 SCRA 650

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    Sergio del Rosario, Alfonso Araneta and Benedicto del Pilar were convicted of illegally possessing counterfeit Philippine treasury notes after altering genuine notes in order to obtain money to finance counterfeiting more notes. On appeal, the Supreme Court affirmed the conviction, finding that possession of genuine notes with altered figures or letters violates the law against counterfeiting. While the notes in question were genuine government notes, portions of the serial numbers had been erased or changed, equivalent under the law to creating counterfeit instruments. The Court upheld the application of statutes prohibiting forgery to this case.

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    Del Rosario Vs People, 3 SCRA 650

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    Sergio del Rosario, Alfonso Araneta and Benedicto del Pilar were convicted of illegally possessing counterfeit Philippine treasury notes after altering genuine notes in order to obtain money to finance counterfeiting more notes. On appeal, the Supreme Court affirmed the conviction, finding that possession of genuine notes with altered figures or letters violates the law against counterfeiting. While the notes in question were genuine government notes, portions of the serial numbers had been erased or changed, equivalent under the law to creating counterfeit instruments. The Court upheld the application of statutes prohibiting forgery to this case.

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    Del Rosario vs People, 3 SCRA 650

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    Del Rosario vs People, 3 SCRA 650

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    Sergio del Rosario, Alfonso Araneta and Benedicto del Pilar were convicted of illegally possessing counterfeit Philippine treasury notes after altering genuine notes in order to obtain money to finance counterfeiting more notes. On appeal, the Supreme Court affirmed the conviction, finding that possession of genuine notes with altered figures or letters violates the law against counterfeiting. While the notes in question were genuine government notes, portions of the serial numbers had been erased or changed, equivalent under the law to creating counterfeit instruments. The Court upheld the application of statutes prohibiting forgery to this case.

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

    Del Rosario Vs People, 3 SCRA 650

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    Sergio del Rosario, Alfonso Araneta and Benedicto del Pilar were convicted of illegally possessing counterfeit Philippine treasury notes after altering genuine notes in order to obtain money to finance counterfeiting more notes. On appeal, the Supreme Court affirmed the conviction, finding that possession of genuine notes with altered figures or letters violates the law against counterfeiting. While the notes in question were genuine government notes, portions of the serial numbers had been erased or changed, equivalent under the law to creating counterfeit instruments. The Court upheld the application of statutes prohibiting forgery to this case.

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    © All Rights Reserved
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    of 2

    G.R. No.

    L-16806

    December 22, 1961

    SERGIO DEL ROSARIO, petitioner,


    vs.
    PEOPLE OF THE PHILIPPINES, respondent.
    P. N. Stuart del Rosario for petitioner.
    Office of the Solicitor General for respondent.
    CONCEPCION, J.:
    Accused of counterfeiting Philippine treasury notes, Sergio del Rosario, Alfonso Araneta and
    Benedicto del Pilar were convicted by the Court of First Instance of Davao of illegal possession of
    said forged treasury notes and sentenced to an indeterminate penalty ranging from 8 years and 1
    day to 10 years and 1 day of prision mayor, and pay a fine of P5,000, without subsidiary
    imprisonment in case of insolvency, as well as a proportionate part of the costs. On appeal, the
    judgment was affirmed by the Court of Appeals, except insofar as the maximum of said
    indeterminate penalty which was increased to 10 years, 8 months and 1 day of prision mayor. The
    case is before us on appeal by certiorari taken by Sergio del Rosario.
    It appears that, after showing to complainant Apolinario del Rosario the Philippine one-peso bills
    Exhibits C, E and G and the Philippine two-peso bill Exhibit H, and inducing him to believe that the
    same were counterfeit paper money manufactured by them, although in fact they were genuine
    treasury notes of the Philippine Government one of the digits of each of which had been altered and
    changed, the aforementioned defendants had succeeded in obtaining P1,700.00 from said
    complainant, in the City of Davao, on June 23, 1955, for the avowed purpose of financing the
    manufacture of more counterfeit treasury notes of the Philippines. The only question raised in this
    appeal is whether the possession of said Exhibits C, E, G and H constitutes a violation of Article 168
    of the Revised Penal Code. Appellant maintains that, being genuine treasury notes of our
    government, the possession thereof cannot be illegal. We find no merit in this pretense.
    lawphil.net

    It is not disputed that a portion of the last digit 9 of Serial No. F-79692619 of Exhibit C, had been
    erased and changed so as to read 0 and that similar erasures and changes had been made in the
    penultimate digit 9 in Serial No. F-79692691 of Exhibit E, in the last digit in Serial No. D-716326 of
    Exhibit G, and in the last digit 9 of Serial No.
    D-716329 of Exhibit H.
    Articles 160 and 169 of the Revised Penal Code read:
    ART. 168. Illegal possession and use of false treasury or bank notes and other instruments
    of credit. Unless the act be one of those coming under the provisions of any of the
    preceding articles, any person who shall knowingly use or have in his possession, with intent
    to use any of the false or falsified instruments referred to in this section, shall suffer the
    penalty next lower in degree than that prescribed in said articles.

    ART. 169. How forgery is committed. The forgery referred to in this section may be
    committed by any of the following means;
    1. By giving to a treasury or bank note or any instrument payable to bearer or to order
    mentioned therein, the appearance of a true and genuine document.
    2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words
    or signs contained therein.
    It is clear from these provisions that the possession of genuine treasury notes of the Philippines any
    of "the figures, letters, words or signs contained" in which had been erased and or altered, with
    knowledge of such notes, as they were used by petitioner herein and his co-defendants in the
    manner adverted to above, is punishable under said Article 168, in relation to Article 166, subdivision
    (1), of the Revised Penal Code (U.S. vs. Gardner, 3 Phil., 398; U.S. vs. Solito, 36 Phil., 785).
    Being in accordance with the facts and the law, the decision appealed from is, accordingly, affirmed,
    with costs against petitioner Sergio del Rosario. It is so ordered.
    Bengzon, C.J., Padilla, Bautista Angelo, Labrador, Reyes, J.B.L., Barrera, Dizon and De Leon,
    JJ., concur.
    Paredes, J., took no part.

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