SC upholds ruling on fake bills sale

The Court also stressed that possession of fake notes must be coupled with the act of using or at least with intent to use the same

The Supreme Court’s Second Division has denied the petition for review on certiorari filed by a certain Allan Gacasan who challenged the rulings of the Court of Appeals and the Regional Trial Court finding him guilty of violating Article 168 of the Revised Penal Code.

The decision was penned by Associate Justice Jhosep Y. Lopez.

To recall, the Criminal Investigation Detection Group — in a test-buy operation conducted in Bukidnon — nabbed Gacasan after he offered to sell counterfeit bills to a confidential CIDG agent.

Gacasan was caught in possession of 100 pieces of counterfeit 1000-peso bills and 25 pieces of counterfeit 500-peso bills which were confirmed to be counterfeit upon examination by Atty. Andrew E. Asperin of the Currency Issue and Integrity Office of the Bangko Sentral ng Pilipinas.

The RTC convicted Gacasan for the crime of illegal possession and use of false treasury or bank notes under Article 168 of the RPC and was affirmed by CA, prompting the present petition before the Court.

In resolving Gacasan’s petition, the SC enumerated the elements of illegal possession and use of false bank notes, saying that any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person.

It added that the offender knows that any of the said instruments is forged or falsified; and that the offender either used, or possessed with intent to use, any of such forged or falsified instruments.

The Court also stressed that possession of fake notes must be coupled with the act of using or at least with intent to use the same.