People v. Basco
REITERATIONFacts
The Antecedents: The accused attempted to pay for a package of cigarettes with a Philippine copper cent that he had plated with quicksilver to make it appear like a silver twenty-cent piece. He insisted the store owner accept it as a twenty-cent piece. Procedural History: The store owner refused to accept the coin. A quarrel ensued, and a policeman intervened. The accused was arrested, and several Mexican and Japanese coins, along with a roll of similar plated copper cents, were found in his possession. The court below found these facts constituted the crime of counterfeiting of money under Article 286 of the Penal Code, sentencing the accused to imprisonment and a fine. The Appeal: The accused appealed the decision of the court below. The Attorney-General contended that the facts did not constitute counterfeiting of money but rather estafa, and thus recommended acquittal of the counterfeiting charge without prejudice to filing a new complaint for estafa.
Issue(s)
Whether the act of plating genuine Philippine copper cents to make them appear as silver twenty-cent pieces constitutes the crime of counterfeiting of money. Whether such acts constitute the crime of estafa.
Ruling
The Supreme Court reversed the judgment of the lower court, acquitting the defendant of the charge of counterfeiting money. The Court directed the Attorney-General to file a new complaint for estafa. The Mexican and Japanese coins found in the defendant's possession were ordered to be returned to him.
Ratio Decidendi
On the issue of counterfeiting of money: The Court held that the facts did not constitute the crime of counterfeiting of money. For counterfeiting to exist, there must be the making of spurious coins or the alteration of genuine coins in their designs or inscriptions. In this case, the coins used were genuine Philippine copper cents, and no alteration was made to their original designs and inscriptions. The defendant merely altered their appearance by plating them with quicksilver to give them the color and brightness of silver, intending to pass them off as twenty-cent pieces. However, he did not attempt to imitate the peculiar design of such coins. Therefore, the essential elements of counterfeiting were not met. On the issue of estafa: The Court agreed with the Attorney-General that the acts committed by the defendant constituted the crime of estafa. The defendant's actions, which involved deceiving third persons as to the real value of the coins by altering their appearance for the purpose of defrauding them, are the very definition of estafa. The Court found no legal grounds to sustain a charge for counterfeiting of money, but the intent to defraud through deception clearly pointed to estafa.
Main Doctrine
The crime of counterfeiting of money, as defined under Article 286 of the Penal Code, requires the creation of spurious coins or the alteration of genuine coins in their design or inscription. Merely changing the appearance of a genuine coin, such as plating it to resemble a higher denomination, does not constitute counterfeiting if the original design and denomination remain intact. Such acts, when done with intent to defraud, fall under the crime of estafa.