THE PEOPLE OF THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE, VS. JOSEPH L. WILSON AND ALFREDO DOLORES, DEFENDANTS AND APPELLANTS.

The defendant Alfredo Dolores was accused with Joseph L. Wilson in
criminal cases Nos. 35408 (G. R. No. 30012), 35426 (G. R. No. 30013),
and 35447 (G. R. No. 30014) of the crimes of falsification of a
telegraphic dispatch, estafa through falsification of a mercantile
document, and falsification of a mercantile document, respectively. In
the information filed in criminal case No. 35408, it is alleged that
“on or about the 26th day of September, 1927, in the City of Manila,
Philippine Islands, the said accused being then employees of the San
Carlos Milling Company, a business firm doing business in this city,
conspiring and confederating together, did then and there willfully,
unlawfully, feloniously, with grave abuse of confidence and with intent
of gain, falsify a cable or telegraphic dispatch, to wit: a cablegram
in the following manner: the said accused, taking advantage of their
positions as employees of the aforesaid San Carlos Milling Company of
which Alfred D. Cooper was then the manager, prepared and caused to be
prepared on the front page of a ceblegram form used by the Commercial
Pacific Cable Co,, of said city, the following code cablegram:

” ‘SCARLOSCO HONOLULU ”

‘WYSUXMOOJL.”

which, deciphered, reads as follows:

” ‘Scarlosco—San Carlos Milling Co., Ltd.
” ‘Honolulu—Honolulu Wysux—Deposit Irving Bank—Columbia Trust Co., New
York for account China Banking Corporation, Manila, account San Carlos
Milling Co., Ltd., $————————; instruct Irving Bank-ColumBia Trust Co.,
advise Manila of deposit by cable. ” ‘MOOJL—100,000’

and wrote on the back thereof in typewriter at the space provided for the name and address of the sender the following :

“‘ALFRED D. COOPER”
‘By (Sgd.) ALFREDO DOLORES
” ‘227 David, Manila’

thereby causing it to appear that the above-mentioned cablegraphic
message was prepared and sent by and under the authority and with the
knowledge and consent of Alfred D. Cooper, then manager of the San
Carlos Milling Company wherein the said accused were then employed,
when in truth and in fact, as the said accused very well knew, the said
Alfred D. Cooper never authorized, nor had any knowledge of, nor gave
his permission to the preparation and sending of the said cablegraphic
message; that the said accused, once having forged and falsified the
above-mentioned cablegraphic message in the manner above described,
presented the same to the office of the Commercial Pacific Cable
Company for due transmission.”

The information filed in criminal case No. 35426 charges that “on or
about September 29,1927, in the City of Manila, Philippine Islands, the
above named defendants, who were then employees or clerks of a
mercantile concern known as ‘San Carlos Milling Co., Ltd.’ duly
organized in this locality, with grave abuse of confidence and with the
intention to defraud and prejudice said institution and the local
banking institution known as ‘Bank of the Philippine Islands,’ acting
upon a common agreement, and cooperating with each other and conspiring
together, falsified a mercantile document, to wit, a check against the
Bank of the Philippine Islands for the sum of two hundred thousand
pesos, by forging and simulating at the bottom and in the indorsement
of said check the signatures of Newland Baldwin, Manager of the San
Carlos Milling Co., Inc., and falsely causing it to appear that said
Newland Baldwin intervened in said check, when in fact said Newland
Baldwin never had such intervention, so that the aforesaid check, once
falsified, reads as follows:

” ‘No A-352046

” ‘THE BANK OF THE PHILIPPINE ISLANDS ” ‘OFFICIAL DEPOSITORY OF THE PHILIPPINE GOVERNMENT

” ‘MANILA, P. I., September 29, 1927

“‘Pay to San Carlos Milling Co., Ltd., or order Pesos Two Hundred Thousand & 00/100 only (P200,000), Philippine currency.

“‘SAN CARLOS MILLINQ CO., LTD.
” ‘BY NEWLAND BALDWIN
” ‘For Agent’

that once said check was falsified, prepared, and drawn as above
stated, the said accused, continuing the collusion and conspiracy
plotted by them, presented it for payment to the Bank of the Philippine
Islands, falsely and fraudulently stating and representing to said Bank
and its officers that the check was authentic and duly signed by
Newland Baldwin, manager of said company, San Carlos Milling Co., Ltd.,
in the ordinary course of its business, the accused herein having
succeeded, through said falsification and deceitful representations, in
collecting the amount of the check aforesaid in the Bank of the
Philippine Islands, to wit, two hundred thousand pesos (P200,000),
which said defendants misappropriated and converted to their personal
use and benefit, to the damage and prejudice of said institutions, to
wit, the San Carlos Milling Co., Ltd., and the Bank of the Philippine
Islands, in the aforesaid sum of two hundred thousand pesos (P200,000),
Philippine currency, equivalent to 1,000,000 pesetas.”

The information filed in criminal case No. 35447 reads as follows:

“That on or about September 28, 1927, in the City of
Manila, Philippine Islands, the above named defendants, who were then
employees or clerks of a mercantile concern known as San Carlos
Milling: Co., Ltd., of this locality, with grave abuse of confidence
and with the intention to prejudice said institution, acting upon a
common agreement and cooperating with each other and conspiring
together, did willfully, unlawfully, and criminally falsify, in a
mercantile document, to wit, the ‘Manager’s Check’ No. 17444 of the
China Banking Corporation, of September 28, 1927, issued in favor of
the San Carlos Milling Co., Ltd., for the sum of two hundred thousand
and one pesos (P200,001), the signature of one Newland Baldwin, manager
of said San Carlos Milling Co., Ltd., by forging, simulating, and
imitating it in the indorsement on the back of said document, and
falsely causing it to appear in said indorsement that Newland Baldwin
intervened therein, when in fact said Newland Baldwin never had such
intervention so that, once falsified, said indorsement reacJs as
follows:

” ‘For deposit only with Bank of the Philippine Islands, to credit of account of San Carlos Milling Co., Ltd.,

” ‘BY NEWLAND BALDWIN “
For Agent”

Upon being arraigned on the above-quoted informations, the defendant
Alfredo Dolores pleaded not guilty and, upon motion by the prosecution,
and with the conformity of the attorneys for the defense, a joint trial
of the above-mentioned cases with respect to the defendant Alfredo
Dolores was had.

The trial court found the defendant Alfredo A. Dolores guilty as
principal, by direct participation and in conspiracy with Joseph L.
Wilson, of the crimes alleged in the informations filed in criminal
cases Nos. 35408, 35426 and 35447, and sentenced him in criminal case
No. 35408, for the crime of falsification of a telegraphic dispatch
with the presence of the aggravating circumstance of abuse of
confidence, to four years, nine months and eleven days of prision correcional,
to the corresponding accessory penalties, and to pay one-half of the
costs of the proceedings; in criminal case No. 35426, for the crime of estafa through falsification of a mercantile document, to eight years of presidio mayor,
to the corresponding accessory penalties, and to pay one-half of the
costs of the proceedings; and in criminal case No. 35447, for the crime
of falsification of a mercantile document, with the presence of the
aggravating circumstance of abuse of confidence, to four years, nine
months, and eleven days of prision correccional, to pay a fine of 12,500 pesetas,
with subsidiary imprisonment in case of insolvency, to the
corresponding accessory penalties, and to pay one-half of the costs of
the proceedings. Prom these judgments the defendant Dolores appealed.

The evidence fully sustains the findings of the court below and
leaves no doubt whatever as to the appellant’s guilt, but his counsel
insists that the court erred (1) in holding that “in preparing and in
sending the false cablegram, Exhibit A (case No. 35408), as well as in
preparing and in negotiating the check no less false, Exhibit C (case
No. 35426) and in later collecting its value, and in likewise preparing
the false commercial documents, Exhibits A and B, of the criminal case
No. 35447, it was the idea of the said accused to benefit himself and
damage another,” and (2) in holding that the defendant Alfredo Dolores
wanted to defraud and damage or, more correctly, defrauded and damaged
the San Carlos Milling Co., Ltd., and the Bank of the Philippine
Islands.

Under the first assignment of error, counsel argues that the
defendant Dolores did nothing but carry out the orders of his superior,
Joseph L. Wilson, and that he, consequently, is exempt from criminal
responsibility. This argument is entirely groundless. In order to work
exemption from criminal responsibility for obeying the orders of a
superior, it must be shown that both the person who gives the order and
the person who executes it are acting within the limitations prescribed
by law. That is not the case here. In his brief, the Attorney-General
well and truly says:

“The evidence of record clearly shows that the defendant Alfredo
Dolores took direct part in, and cooperated with his codefendant Joseph
L. Wilson by means of acts prior to, and simultaneous with, the
perpetration of the crimes in question. He cooperated in the drafting
of the checks and other documents for the falsification of which he is
now prosecuted, and he was the one who cashed said check and withdrew
the money from the bank. He furthermore received from Joseph L. Wilson
the sum of P10,000 as his share in the embezzled amount. It cannot be
maintained, therefore, that Alfredo Dolores merely obeyed his
superiors, and that he was not informed of the fact that his
co-defendant, Joseph L. Wilson intended to embezzle said money.

“Moreover, the behavior of the defendant Alfredo Dolores subsequent
to the commission of the crimes in question clearly shows his guilt. It
is proven that after the withdrawal of the amount of P200,000 from the
Bank of the Philippine Islands, he was seen in secret conversation with
Joseph L. Wilson in Calle Herran, Paco; that from that day he had been
hiding from the authorities; that he had registered at the Plaza Hotel
under the name of Jose Gil; that he went to Sorsogon and Albay, where
he represented himself as Patricio Lopez; that in Albay he attempted to
board a foreign vessel, but did not succeed in this attempt. The flight
of a person after the commission of an offense, while it does not
constitute a presumption of guilt, is nevertheless a circumstance
indicative of his guilt (U. S. vs. Sarikala, 37 Phil., 486; U. S. vs.
Virrey, 37 Phil., 618).”

The second assignment of error evidently relates to case G. R. No.
30013 (estafa through falsification of a mercantile document) and
requires no refutation. The conspirators carried away P200,000, and, of
course, someone suffered the loss. Whether the loss fell on the San
Carlos Milling Co., Ltd., or on the Bank of the Philippine Islands is
immaterial ; it is sufficient that it was sustained by a person or
persons, other than the perpetrators of the crime. It is to be observed
that the trial court, at the request of the interested parties, made no
pronouncement as to the indemnity and that, therefore, the civil
responsibility is not involved in the cases before us.

The judgments appealed from are affirmed with the costs against the appellant. So ordered.

Johnson, Street, Malcolm, Villamor, Johns, Romualdez, and Villa-Real, JJ., concur.