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    13.6 US v. Lim Buanco Digest

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    Lim Buanco and Reyes conspired to defraud a bank by having Reyes endorse checks drawn by Lim Buanco from an empty bank account. The Supreme Court held both defendants equally liable for the crime of estafa as principals by indispensable cooperation, finding they each performed acts necessary to accomplish their criminal purpose. Specifically, Reyes falsified bank records to make it seem Lim Buanco had funds when he did not. The court affirmed the trial judgment, sentencing both to prison and ordering them to pay indemnification.

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    13.6 US v. Lim Buanco Digest

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    Lim Buanco and Reyes conspired to defraud a bank by having Reyes endorse checks drawn by Lim Buanco from an empty bank account. The Supreme Court held both defendants equally liable for the crime of estafa as principals by indispensable cooperation, finding they each performed acts necessary to accomplish their criminal purpose. Specifically, Reyes falsified bank records to make it seem Lim Buanco had funds when he did not. The court affirmed the trial judgment, sentencing both to prison and ordering them to pay indemnification.

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    Lim Buanco and Reyes conspired to defraud a bank by having Reyes endorse checks drawn by Lim Buanco from an empty bank account. The Supreme Court held both defendants equally liable for the crime of estafa as principals by indispensable cooperation, finding they each performed acts necessary to accomplish their criminal purpose. Specifically, Reyes falsified bank records to make it seem Lim Buanco had funds when he did not. The court affirmed the trial judgment, sentencing both to prison and ordering them to pay indemnification.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    11 views2 pages

    13.6 US v. Lim Buanco Digest

    Uploaded by

    Scrapin Scrap
    Lim Buanco and Reyes conspired to defraud a bank by having Reyes endorse checks drawn by Lim Buanco from an empty bank account. The Supreme Court held both defendants equally liable for the crime of estafa as principals by indispensable cooperation, finding they each performed acts necessary to accomplish their criminal purpose. Specifically, Reyes falsified bank records to make it seem Lim Buanco had funds when he did not. The court affirmed the trial judgment, sentencing both to prison and ordering them to pay indemnification.

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    SUBJECT Case Digest Prepared by: Luis De Guzman

    Case Title: US v. Lim Buanco


    TOPIC: Principals by indispensable cooperation

    Court SC First Division Citation G.R. 5240 Date Nov 19, 1909

    Petitioner Lino Eguia Lim Buanco and Luciano de los Reyes

    Respondent United States

    Ponente Elliott, J.

    Doctrine

    Principals by indispensable cooperation


    ● Participation in the criminal resolution (anterior conspiracy/unity of criminal purpose and intention)
    ● Cooperation in the commission of the offense by performing another act, without which it would not
    have been accomplished.

    Case Summary

    Reyes conspired with Lim Buanco in defrauding the Banco Español-Filipino by endorsing the checks made
    by Lim Buanco that were used to draw money from an empty bank account. The Court held that they are
    equally liable in the crime of estafa.

    FACTS

    ● Luciano de los Reyes was employed as a bookkeeper and check registry clerk in the Banco
    Español-Filipino, wherein he handled checks presented to the bank including those drawn by Lim
    Buanco.
    ● Defendant Lim Buanco had an account with the bank, and drew large sums of money therefrom by
    means of checks signed by him, and inspected and endorsed by Reyes.
    ● During this time a conspiracy existed between the defendants Lim Buanco and Reyes for the
    withdrawal of funds from the bank by Lim Buanco, regardless of whether he had any funds in the
    bank to his credit. Reyes would manipulate the records to show a credit balance when in fact Lim
    Buanco was in debt to the bank.
    ● On October 6, 1906, Lim Buanco drew a check on the Banco Español-Filipino for P2,000 to be
    deposited to his own credit in the Chartered Bank of India, Australia, and China.
    ● Reyes endorsed the check with the words “Corriente. P. O. Luciano de los Reyes” despite the fact
    that Lim Buanco had no balance and that no permission had been given by any officers in authority
    to overdraw the account. At this point, Lim Buanco was indebted to the bank in the sum of more than
    P300,000.
    ● With an interest rate of 6%, the amount of money fraudulently taken from the bank through the
    October 6, 1906 check had increased to P2,273 as of January 16, 1609.
    ● Both defendants had admitted to the crime charged against him. While the defendants were tried
    separately, their joint sentence was made in one decision.
    SUBJECT Case Digest Prepared by: Luis De Guzman
    Case Title: US v. Lim Buanco
    TOPIC: Principals by indispensable cooperation
    ISSUE - HELD - RATIO

    ISSUE #1 HELD

    WoN Reyes is guilty as principal of the crime of estafa YES

    RATIO

    ● Both the defendants are equally guilty. Each performed the part which was necessary to enable them
    to accomplish the criminal purpose they had in view.
    ● Reyes falsified the accounts of Lim Bianco to make him appear as a creditor of the bank and colluded
    with Lim Buanco–he is guilty of deceit as provided by Art 535 of the Penal Code.
    ● The neglect of other officers of the bank in their duty to ascertain the correctness of the entries made
    by Reyes does not negate his fraudulent conduct.

    ISSUE #2 HELD

    WoN the crime charged in the information is conspiracy rather than estafa NO

    RATIO

    ● Conspiracy to commit an offense is generally not a crime, except for certain crimes where the law
    expressly provides for the criminal liability of the conspirators of said crimes.
    ● Conspiracy to commit estafa is not a criminal conspiracy. Defendants are charged with estafa as
    committed in the manner described in the information.

    RULING:

    Judgment of the trial court is affirmed. Defendants are sentenced to two years and ten months of presidio
    correccional in Bilibid and ordered to jointly and separately indemnify the Banco Español-Filipino in the sum
    of P2,273. Subsidiary imprisonment in the event of insolvency.

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