260 Tin v People.docx

Maria Tin @ Maria Ty @ Maria Dy vs. People | Equipoise Rule G.R. No. 126480 | Quisumbing, J. | August 10, 2001

Facts: Defendant’s testimony: 1. Dr. Francisca Santiago testified that on February 8, 1980, she and Aurora Jose went to Mady’s Pawnshop owned by Maria Tin to pawn some pieces of jewelry. 2. She initially asked for P250,000.00 but petitioner offered only P220,000.00, P200,000.00 first and then the P20,000.00 a week later. A list of the jewelries was typewritten by a helper of Maria. 3. Dr. Santiago also averred that from 1980 to 1982, she made 19 payments of various amounts totaling P95,600.00. She said that the loan was under a “white-paper” system where there is no maturity/expiration date and where the jewelry can be redeemed anytime provided the interests were paid. 4. In 1984, Dr. Santiago went to pawnshop to redeem her jewelry together with on Dava and Zuniga. However, Maria told her that the jewelries were already sold. This prompted Dr. Santiago to consult her attorney, who wrote to Maria Tin asking her to allow Dr. Santiago to redeem the pieces of jewelry. 5. Maria Tin replied that Dr. Santiago has an unsettled obligation of P220K and she demanded payment. The letter also stated that no jewelries were received as collateral for the loan. Maria Tin also replied that she merely acted as guarantor of the loan and since she was made to pay the loan she now was demanding payment. She narrated the circumstances behind the loan, and alleged that it was another person who gave the loan and received the jewelry as collateral. 6. Maria Tin testified that the real parties to the loan were Dr. Santiago and her daughter-in-law, Mia Chan. She merely introduced them to one another and it was Mia Chan who signed the acknowledgment receipt and who actually received the pieces of jewelry. 7. Mia Chan, corroborated the testimony of petitioner, her mother-in-law. She stated that she was the one who extended the loan to Dr. Santiago and that she merely asked petitioner to appraise the pieces of jewelry for her. She also requested petitioner to collect payments from Dr. Santiago. According to Mia Chan, the loan was for a three-month term with 14 percent interest per annum. She stated she signed the receipt upon request of Dr. Santiago. Petitioner’s Testimony: 1. Tin claims that the loan was for a three-month period only. But private complainant averred that it was extended under a so-called “white-paper” system, or a loan with an indefinite term. 2. Tin presented her daughter-in-law, Mia Chan, to establish that the loan was only for a threemonth period. Private complainant did not present evidence to substantiate her claim, other than her self-serving testimony.

3. Santiago relied on the acknowledgment receipt allegedly signed by Tin in the presence of two witnesses. However, the prosecution did not present Aurora Jose, who allegedly witnessed the transaction. Nor did it present Mrs. Dava and Mrs. Zuñiga who allegedly accompanied Dr. Santiago when the latter tried to redeem her jewelries. RTC- Maria Tin guilty of Estafa; CA- affirmed TC’s decision.

Issue: WON Maria Tin is guilty of Estafa Held: NO, Maria Tin is ACQUITTED. 1. Private certification a Hearsay evidence. A careful review of the records, however, reveals that, first, it was erroneous for the Court of Appeals to consider in evidence the letter which a certain Aurora Jose ( her identity was not elaborated in the full case, so I presume isa lang syang mentally- created character, para magkaroon lang ng personality yung “letter” na sinend ka y Fiscal Jumino) sent to Fiscal Jumino. Aurora Jose was never presented to testify on the veracity of said letter, much less its contents. A private certification is hearsay where the person who issued the same was never presented as a witness. The same is true of letters. They are hearsay evidence. Here, Aurora Jose’s alleged letter is obviously hearsay. While hearsay evidence may be admitted because of lack of objection by the adverse party’s counsel, it is nonetheless without probative value. 2. Signature specimen does not match.

Second, the signature appearing in the receipt, Exhibit “A”, apparently differs from the specimen signatures provided by petitioner Maria Tin in open court. But it has striking and obvious similarities to Mia Chan’s specimen signatures. The differences and similarities are so obvious to the eye. They could not be casually disregarded. Expert handwriting analysis is probably useful here, but it is not indispensable. 3. White paper system not proven by the prosecution. Further, since it was Santiago who asserted that the loan was for an indefinite term under the socalled “white-paper system” of the pawnshop, she had the burden of proving that fact as true. In this she failed, and her failure undermines the case for the prosecution. 4. THE EQUIPOISE RULE When faced with two conflicting versions, we are guided by the equipoise rule. Under this rule, where the evidence on an issue of fact is in equipoise or there is doubt on which side the evidence preponderates, the party having the burden of proof loses. The equipoise rule finds application if the inculpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the innocence of the accused and the other consistent with his guilt, for then the

evidence does not fulfill the test of moral certainty, and does not suffice to produce a conviction. Briefly stated, the needed quantum of proof to convict the accused of the crime charged is found lacking. And in this case, the petitioner must be declared innocent and set free.