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G.R. No. 80130 August 19, 1991 BENJAMIN ABEJUELA, Petitioner, People of The Philippines and Court of Appeals, Respondents

Benjamin Abejuela had a savings account with Banco Filipino. An employee, Glicerio Balo, befriended Abejuela and borrowed his passbook to deposit checks, assuring Abejuela it was fine. Balo deposited and withdrew money from Abejuela's account for some time. When irregularities were discovered, both were charged with estafa. Balo was killed, but the trial proceeded against Abejuela. The court ruled that while Abejuela was unaware of Balo's criminal scheme, he was negligent for recklessly lending his passbook and must satisfy civil liability, though he was acquitted of criminal charges.

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204 views2 pages

G.R. No. 80130 August 19, 1991 BENJAMIN ABEJUELA, Petitioner, People of The Philippines and Court of Appeals, Respondents

Benjamin Abejuela had a savings account with Banco Filipino. An employee, Glicerio Balo, befriended Abejuela and borrowed his passbook to deposit checks, assuring Abejuela it was fine. Balo deposited and withdrew money from Abejuela's account for some time. When irregularities were discovered, both were charged with estafa. Balo was killed, but the trial proceeded against Abejuela. The court ruled that while Abejuela was unaware of Balo's criminal scheme, he was negligent for recklessly lending his passbook and must satisfy civil liability, though he was acquitted of criminal charges.

Uploaded by

Ursulaine Grace Feliciano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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G.R. No.

80130 August 19, 1991


BENJAMIN ABEJUELA, petitioner,
vs.
PEOPLE OF THE PHILIPPINES and COURT OF APPEALS, respondents.

Benjamin Abejuela had a savings deposit with Banco Filipino, Tacloban Branch. He was befriended by Glicerio
Balo, employee of the said bank. They became close. Balo went to Abejuela's welding shop to borrow the latter's
passbook, showing checks of his fathers insurance policy that he wants to be deposited in Abejuelas account,
since he cant open his own. Balo assured Abejuela that there was nothing wrong in allowing him to do so.
Abejuela entrusted his passbook to Balo. Balo's practice of depositing and withdrawing money using Abejuela's
passbook continued for quite some time. During the month of August 1978, the account of Abejuela with Banco
Filipino reflected a total deposits of P176,145.00 and a total withdrawal of P175,607.96. Abejuela borrowed
P20,000.00 from Balo, but feeling apprehensive over Balo's constant use of his passbook, he decided to pay his
loan and closed his account by surrendering his passbook and withdrawing the balance of his deposit.
The bank's accountant and interest bookkeeper discovered a discrepancy between the interest reconciliation
balance and the subsidiary ledger balance and was convinced that the irregularities were caused by Balo. An
information was filed against Glicerio Balo, Jr. and Benjamin Abejuela for the crime of estafa thru falsification of
commercial documents.
Balo, Jr. was then reportedly killed by members of the New People's Army. rial continued with respect to
petitioner, held guilty.
Respondents, in their comment, maintain that petitioner Abejuela had knowledge of the fraudulent acts of Glicerio
Balo, Jr. They asseverate that petitioner is an intelligent individual who can take care of his concerns, considering
that he is a businessman who finished third (3rd) year college. Petitioner, on the other hand, claims that he had no
knowledge at all of the fraudulent machinations of Balo, and that his act of lending his passbook was done in
good faith.
ISSUE
Whether Abejuela should be considered as an accomplice
RULING
NO. Abejuela was completely unaware of the malevolent scheme of Balo. From Balo's own admissions, it was he
who deceived Abejuela through sweet talk, assurances, drinking sprees and parties and cajoled him into giving in
to his requests. The evidence of the prosecution clearly points at Balo as the one who had posted the bogus
deposits in Abejuela's ledger.
Knowledge of the criminal intent of the principal, (Glicerio Balo, Jr.) is essential in order that Abejuela can be
convicted as an accomplice. To be convicted as such, there must be cooperation in the execution of the offense by
previous or simultaneous acts. However, the cooperation which the law punishes is the assistance rendered
knowingly or intentionally, which assistance cannot be said to exist without the prior cognizance of the
offense intended to be committed.

ACQUITTED of the complex crime of estafa thru falsification of commercial documents, but needs to satisfy the
obli

* the civil liability is not extinguished by acquittal. . Although Abejuela, was unaware of the criminal workings in
the mind of Balo, he nevertheless unwittingly contributed to their eventual consummation by recklessly entrusting
his passbook to Balo and by signing the withdrawal slips. Abejuela failed to exercise prudence and care.
Therefore, he must be held civilly accountable.

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