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AVELLA GARCIA v. CA

FACTS:

Petitioner Avella Garcia was charged with Falsification of a Private Document based on an Information dated March 18, 1992. The complaint alleged that Avella, with intent to defraud and damage Alberto Quijada Jr., made alterations to a receipt for Five Thousand Pesos. Avella changed the date and increased the amount to Fifty Five Thousand Pesos, even though she knew that the original amount was only Five Thousand Pesos.

Avella pleaded not guilty. According to the prosecution, Avella and Alberto had a verbal agreement for the sale of a house and lot. Avella made several payments, including a down payment of One Hundred and Fifty-Five Thousand Pesos and an additional Five Thousand Pesos. Avella prepared two receipts for the additional payment, keeping one and giving the other to Alberto.

However, when Avella filed a complaint against Alberto for failure to execute a deed of sale, she submitted a copy of the altered receipt indicating an amount of Fifty Five Thousand Pesos. Subsequently, Alberto filed a criminal action against Avella, resulting in the filing of the Information.

During the proceedings, Avella admitted to altering the receipt but argued that she did it in the presence and at the request of Alberto.

ISSUES:

  1. Whether Avella is guilty of Falsification of a Private Document under Article 172 (2) of the Revised Penal Code

RULING:

  1. Avella is guilty of Falsification of a Private Document under Article 172 (2) of the Revised Penal Code. The court found that she had willfully and unlawfully altered the receipt by inserting the amounts and changing the date. Avella's defense that the alterations were done at the request of Alberto was not proven and therefore not credible.

PRINCIPLES:

  • Falsification of a Private Document under Article 172 (2) of the Revised Penal Code requires the willful and unlawful alteration of a private document with the intent to defraud or damage another person.

  • The burden of proof lies with the accused to establish the defense of alteration of a document being done at the request of another person.