The borrowing of the cashier's pen and the use thereof must have been intended to create an impression that the receipt was prepared by the cashier herself." Lavaro's statement "describes an apparent scheme or pattern of altering receipts right after issuance. The Regional State Prosecutor then concluded that Ms. Navaja, the latter borrowed her pen and in her presence wrote something on the said receipt. Cherly Lavaro who narrated that after she issued the receipt to Ms. This court notes that in that particular resolution, reference was made to the sworn statement of Ms. As correctly pointed out by the MCTC, the improper venue was already resolved squarely by the Regional State Prosecutor when he held that "there are sufficient evidences (sic) indicating that the falsification took place in Jagna". The contention of the petitioner is untenable. 9 On Navaja's contention that the case for falsification of private document against her was filed with the MCTC which has no jurisdiction due to wrong venue, hence, the RTC ruled: On September 21, 2006, the RTC issued an Order denying the petition for certiorari for lack of legal basis or merit. Navaja filed a petition for certiorari 8 before the RTC, assailing the NovemOrder and JanuResolution of the MCTC for having been issued with grave abuse of discretion. Navaja filed a motion for reconsideration of the NovemOrder, but the MCTC denied it in a Resolution 7 dated January 24, 2006. The previous Court Order setting these cases for arraignment on November 09, 2005, is hereby set aside. WHEREFORE, the motion is DENIED, but considering however that accused has already submitted themselves to the jurisdiction of the court by filing cash bond for their respective temporary liberty, set this case for ARRAIGNMENT on November 22, 2005, at 10:00 o'clock in the morning at the Session Hall, 10th MCTC, Jagna, Bohol. In the Order dated November 2,2005, the MCTC denied the motion to quash and set the case for arraignment, the decretal portion of the Order reads: On August 1, 2005, Navaja filed a Motion to Quash and Defer Arraignment 5 on the ground that none of the essential elements of the crime of falsification of private document occurred in Jagna, Bohol, hence, the MCTC had no jurisdiction to take cognizance of the case due to improper venue. Tagbilaran City, (for Jagna, Bohol) February 10, 2005. Acts committed contrary to the provision of Article 172, No. Edgar Borje and accused as a result of which received the amount of 1,810.00 to her own benefit to the damage and prejudice of the offended party in the amount to be proved during trial. 6729 from EIGHT HUNDRED TEN PESOS (₱810.00) to ONE THOUSAND EIGHT HUNDRED TEN PESOS (₱1,810.00) and thereafter accused used the said receipt to claim reimbursement with DKT Philippines, Inc. 6729 of Garden Cafe, Jagna, Bohol, by making an alteration or intercalation in the said receipt No. That on or about the 2nd day of October 2003, in the municipality of Jagna, province of Bohol, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with intent to prejudice a juridical person, did then and there willfully, unlawfully and feloniously falsify a commercial receipt No. The accusatory portion of the Information filed against her reads: Navaja is charged with the crime of falsification of private document before the Municipal Circuit Trial Court (MCTC) of Jagna-Garcia-Hernandez, Bohol, docketed as Criminal Case No. Navaja, alleging that while she was still its Regional Sales Manager, she falsified a receipt by making it appear that she incurred meal expenses in the amount of ₱1,810.00, instead of the actual amount of ₱810.00, at Garden Cafe, Jagna, Bohol, and claimed reimbursement for it. Edgar Borje, against petitioner Ana Lou B. The instant case arose from a Complaint-Affidavit 3 filed by private respondent DKT Philippines, Inc., represented by Atty. 02353, which affirmed the Order dated Septemissued by the Regional Trial Court (RTC) of Loay, Bohol, Branch 50, in SP Civil Action No. This is a petition for review on certiorari under Rule 45 of the Rules of Court, assailing the Decision 1 dated Augand the Resolution 2 dated rendered by the Court of Appeals (CA) in CA-GR. DE CASTRO, or the Acting Presiding Judge of MCTC Jagna-Garcia-Hernandez, DKT PHILS., INC., represented by ATTY.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |