Del Rosario vs People

Del Rosario vs People
G.R. No. L-16806
December 22, 1961

Facts:

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.

Issue:

Whether the accused-appellants are liable for the crime of illegal possession and use of false treasury or bank notes under Art. 168?

Held:

It is clear from the provisions Art 160 and 169 of the Revised Penal Code 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.