In Hilario Lamsen v. People, the Supreme Court overturned the conviction of Hilario Lamsen for falsification of public documents. The Court emphasized that proving forgery necessitates comparing original documents, not photocopies. This ruling protects individuals from convictions based on insufficient evidence, reinforcing the high standard of proof required in criminal cases and highlighting the critical role of original documents in forgery cases.

When Copies Can’t Convict: Questioning Forgery Without the Original Deed

The case arose from an accusation that Hilario Lamsen falsified a Deed of Absolute Sale to acquire a property from spouses Aniceta Dela Cruz and Nestor Tandas. The prosecution presented photocopies of the deed, alleging that Lamsen forged the spouses’ signatures. An expert witness testified that the signatures appeared dissimilar, suggesting forgery. However, this testimony was based solely on the photocopies, not the original document. Lamsen defended himself by denying the allegations and asserting that he had legitimately purchased the property from the spouses. The Metropolitan Trial Court (MeTC) and Regional Trial Court (RTC) initially found Lamsen guilty, but the Supreme Court ultimately reversed these decisions, underscoring the necessity of original documents in proving forgery.

The Supreme Court began its analysis by noting that appeals in criminal cases allow for a full review, including correcting errors even if they were not initially raised. Quoting established jurisprudence, the Court reiterated that an accused person is presumed innocent until proven guilty beyond a reasonable doubt, requiring moral certainty rather than absolute certainty. In this context, the Court examined Article 172(1) of the Revised Penal Code (RPC), which addresses falsification of public documents by private individuals. The elements of this crime include being a private individual, committing an act of falsification under Article 171, and performing the falsification on a public document. The Court emphasized that the prosecution must convincingly establish the act of falsification or forgery with clear and positive evidence, as forgery is never presumed.

To prove forgery, a direct comparison between the contested signature and a genuine signature is essential. Rule 132, Section 22 of the Rules of Court outlines how to prove the genuineness of handwriting: either through a witness familiar with the person’s handwriting or by comparing it with writings admitted or proven to be genuine. The Court referred to Ambray v. Tsourous, which reinforces that the presumption of validity and regularity outweighs allegations of forgery, and that expert testimony is considered indirect or circumstantial evidence compared to direct evidence from a witness present at the signing of the contract. Building on this principle, the Court found the expert witness’s testimony unreliable because it was based on photocopies, not the original deed.

“Scientific comparative examination and analysis of the questioned and the standard signatures of ANICETA TANDAS reveal dissimilarities in stroke structures, slant, lateral spacing, a strong indication that they were not by one and the same person. However, no definite conclusion can be rendered due to the fact the questioned signatures are photocopies (Xerox) wherein minute details are not clearly manifested.”

The expert, Batiles, admitted that the photocopies lacked the minute details needed for a conclusive determination. This limitation was significant because, as Batiles clarified, crucial elements such as handwriting movement, line quality, and emphasis cannot be accurately assessed in photocopies. This acknowledgment underscored the unreliability of the evidence presented by the prosecution. According to Section 3, Rule 130 of the Rules of Court, photocopies are considered secondary evidence and are inadmissible unless the original is proven to be lost, destroyed, or under the control of the opposing party. In this case, the prosecution failed to produce the original deed or adequately explain its absence, rendering the photocopies inadmissible and undermining the expert’s testimony.

Beyond the expert testimony, the lower courts had also relied on circumstantial evidence to convict Lamsen. The courts noted that the deed was notarized in Manila despite the parties residing in Valenzuela, the witnesses’ signing date was unclear, the deed was registered long after its execution, capital gains and documentary stamp taxes were paid belatedly, and the original deed was not presented. The Supreme Court, however, found this circumstantial evidence insufficient to establish guilt beyond a reasonable doubt. The Court clarified that notarial law does not require notarization in the parties’ place of residence, and the date of witness signatures is immaterial if the document is properly acknowledged. Furthermore, delayed registration does not automatically imply forgery, and the timing of tax payments has no direct bearing on the act of falsification. Analyzing each piece of evidence, the Court found that the prosecution failed to provide a compelling case based on the available circumstances.

FAQs

What was the key issue in this case?	The key issue was whether Hilario Lamsen could be convicted of falsifying a public document based on photocopies and circumstantial evidence, without the original document being presented.
Why did the Supreme Court acquit Lamsen?	The Supreme Court acquitted Lamsen because the prosecution failed to present the original Deed of Absolute Sale and relied on photocopies, making the expert testimony unreliable. The circumstantial evidence was also deemed insufficient to prove guilt beyond a reasonable doubt.
What is the significance of presenting original documents in forgery cases?	Original documents are crucial because they contain minute details necessary for accurate handwriting analysis and signature comparison, which cannot be reliably assessed in photocopies.
What does it mean to prove guilt “beyond a reasonable doubt”?	Proving guilt beyond a reasonable doubt means presenting enough evidence to create a moral certainty of guilt in an unprejudiced mind, though absolute certainty is not required.
What is Article 172(1) of the Revised Penal Code?	Article 172(1) of the Revised Penal Code penalizes private individuals who commit falsification of public documents. The elements include being a private individual, committing any of the acts of falsification enumerated in Article 171, and performing the falsification on a public document.
What role does expert testimony play in forgery cases?	Expert testimony provides specialized knowledge to compare questioned and standard signatures, but it is considered circumstantial evidence and less persuasive than direct evidence from eyewitnesses.
Can circumstantial evidence be used to convict someone?	Yes, circumstantial evidence can be used for conviction if there is more than one circumstance, the facts are proven, and the combination of circumstances creates a conviction beyond a reasonable doubt.
What is the importance of the presumption of innocence in criminal cases?	The presumption of innocence means that the accused is considered innocent until proven guilty, and the prosecution must prove every element of the crime beyond a reasonable doubt.

This case underscores the importance of adhering to stringent evidentiary standards, especially when dealing with serious criminal charges like falsification. The Supreme Court’s decision serves as a reminder that convictions must be based on solid, reliable evidence, ensuring that the rights of the accused are protected throughout the legal process.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: HILARIO LAMSEN, VS. THE PEOPLE OF PHILIPPINES, G.R. No. 227069, November 22, 2017