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    People Vs Jose Go

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    qweqeqweqwe
    The Bangko Sentral ng Pilipinas closed the Orient Commercial Banking Corporation and placed it under receivership of the Philippine Deposit Insurance Corporation. PDIC investigated loans purportedly given to two corporations but found the loans were deposited into the personal accounts of private respondents. PDIC charged the private respondents with estafa through falsification of commercial documents. The trial court granted the private respondents' motion to dismiss. The Court of Appeals affirmed this decision. The Supreme Court ruled the lower courts disregarded evidence that OCBC funds ended up in the personal account of one respondent. The Supreme Court granted the petition, reversed the lower courts' decisions, and reinstated the criminal cases.

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    People Vs Jose Go

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    qweqeqweqwe
    62 views1 page
    The Bangko Sentral ng Pilipinas closed the Orient Commercial Banking Corporation and placed it under receivership of the Philippine Deposit Insurance Corporation. PDIC investigated loans purportedly given to two corporations but found the loans were deposited into the personal accounts of private respondents. PDIC charged the private respondents with estafa through falsification of commercial documents. The trial court granted the private respondents' motion to dismiss. The Court of Appeals affirmed this decision. The Supreme Court ruled the lower courts disregarded evidence that OCBC funds ended up in the personal account of one respondent. The Supreme Court granted the petition, reversed the lower courts' decisions, and reinstated the criminal cases.

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    333088116 People vs Jose Go

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    The Bangko Sentral ng Pilipinas closed the Orient Commercial Banking Corporation and placed it under receivership of the Philippine Deposit Insurance Corporation. PDIC investigated loans purportedly given to two corporations but found the loans were deposited into the personal accounts of private respondents. PDIC charged the private respondents with estafa through falsification of commercial documents. The trial court granted the private respondents' motion to dismiss. The Court of Appeals affirmed this decision. The Supreme Court ruled the lower courts disregarded evidence that OCBC funds ended up in the personal account of one respondent. The Supreme Court granted the petition, reversed the lower courts' decisions, and reinstated the criminal cases.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    62 views1 page

    People Vs Jose Go

    Uploaded by

    qweqeqweqwe
    The Bangko Sentral ng Pilipinas closed the Orient Commercial Banking Corporation and placed it under receivership of the Philippine Deposit Insurance Corporation. PDIC investigated loans purportedly given to two corporations but found the loans were deposited into the personal accounts of private respondents. PDIC charged the private respondents with estafa through falsification of commercial documents. The trial court granted the private respondents' motion to dismiss. The Court of Appeals affirmed this decision. The Supreme Court ruled the lower courts disregarded evidence that OCBC funds ended up in the personal account of one respondent. The Supreme Court granted the petition, reversed the lower courts' decisions, and reinstated the criminal cases.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 1

    PEOPLE OF THE PHILIPPINES vs.JOSE C. GO, AIDA C. DELA ROSA, and FELECITAS D.

    NECOMEDES
    G.R. No. 191015 (August 6, 2014)

    Facts:
    October 14, 1998, the Monetary Board of the BangkoSentralngPilipinas (BSP) issued a Resolution
    ordering the closure of the Orient Commercial Banking Corporation (OCBC) and placing such bank under
    the receivership of the Philippine Deposit Insurance Corporation (PDIC). PDIC took all the assets and
    liabilities of OCBC. PDIC began collecting OCBC’s due loans by sending demand letters from the borrowers.
    Among these borrowers are Timmy’s, Inc. and Asia Textile Mills, Inc. which appeared to have loan in the
    amount of 10 million each.  Both Corporation denied the allegation. Because of this, the PDIC conducted
    an investigation and found out that the loans purportedly for Timmy’s, Inc. and Asia Textile Mills, Inc. were
    released in the form of manager’s check deposited in the account of the private respondents.
    PDIC filed two counts of Estafa thru falsification of Commercial Documents against the private
    respondents. Upon arraignment, accused pleaded not guilty. After the presentation of all of the
    prosecution’s evidence, the private respondents filed a Motion for Leave to File Demurrer to Evidence and
    a Motion for Voluntary Inhibition. The presiding judge granted the private respondents’ Motion for
    Voluntary Inhibition and ordered the case to be re-raffled to another branch. Respondent Judge grant the
    Motion for Leave to File Demurrer of Evidence praying for the dismissal of the criminal cases instituted
    against them due to the failure of the prosecution to establish their guilt beyond reasonable doubt. The
    prosecution through the Office of the Solicitor General filed a certiorari before the Court of Appeals but
    was also denied.

    Issue: Whether or not the CA erred in affirming the decision of RTC Judge erred in granting the Motion for
    Leave to File Demurrer of Evidence.

    Facts: CA grossly erred in affirming the trial court’s Order granting the respondent’s demurrer, which
    Order was patently null and void for having been issued with grave abuse of discretion and manifest
    irregularity, thus causing substantial injury to the banking industry and public interest. The Court finds that
    the prosecution has presented competent evidence to sustain the indictment for the crime of estafa
    through falsification of commercial documents, and that respondents appear to be the perpetrators
    thereof. What the trial and appellate courts disregarded, however, is that the OCBC funds ended up in the
    personal bank accountsof respondent Go, and were used to fund his personal checks, even as he was not
    entitled thereto. These, if not rebutted, are indicative of estafa. Hence, the Petition is GRANTED.
    Resolution of the Court of Appeals are REVERSED and SET ASIDE. The July 2, 2007 and October 19, 2007
    Orders of the Regional Trial Court of Manila, Branch 49 in Criminal Case Nos. 00-187318 and 00-187319
    are declared null and void, and the said cases are ordered REINSTATED for the continuation of
    proceedings.

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