In Alejandro Tecson vs. Court of Appeals and People of the Philippines, the Supreme Court affirmed the conviction of Alejandro Tecson for illegal possession and use of counterfeit US dollar notes. The Court clarified that possessing counterfeit currency is a crime when coupled with the intent to use it, demonstrated by clear actions such as offering it for sale. This decision reinforces the principle that mere possession is not enough; there must be an intent to pass off the fake currency as genuine for one to be held liable under Article 168 of the Revised Penal Code. The ruling has significant implications for individuals who may unwittingly come into possession of counterfeit money, emphasizing the importance of understanding the legal ramifications of possessing and attempting to use such currency.

Entrapment or Instigation? Unraveling the Case of Counterfeit Dollars at Jollibee

The case of Alejandro Tecson began with an investigation by the Central Bank of the Philippines into a syndicate dealing with counterfeit US dollar notes. A civilian informer tipped off the authorities, leading to a test-buy operation where a fake dollar bill was purchased from a person known as “Mang Andy.” Following this, a buy-bust operation was planned, culminating in the arrest of Alejandro Tecson at a Jollibee restaurant in Manila. The prosecution presented evidence that Tecson willingly offered counterfeit US dollar notes to undercover agents, leading to his arrest and subsequent conviction.

At trial, Tecson argued that he was framed by Central Bank operatives, claiming the fake dollar notes were planted on him. He asserted that he was merely at the restaurant to meet a friend’s wife and was handed a sealed envelope, unaware of its contents. Tecson also claimed he was tortured into initialing the counterfeit notes and signing documents. However, the trial court found him guilty, a decision affirmed by the Court of Appeals. The central legal question was whether Tecson’s possession of the counterfeit notes was coupled with the necessary intent to use them, and whether the buy-bust operation constituted entrapment or illegal instigation.

The Supreme Court, in its analysis, emphasized the elements required to establish a violation of Article 168 of the Revised Penal Code. This article specifically addresses the “Illegal possession and use of false treasury or bank notes and other instruments of credit.” The Court highlighted that for a conviction to stand, it must be proven that: (1) the currency or instrument is indeed forged or falsified; (2) the accused knew the currency was fake; and (3) the accused either used the fake currency or possessed it with the intent to use it. The crucial element here is the intent, which must be demonstrated by a clear and deliberate overt act. This is where the prosecution’s evidence played a pivotal role.

The Court referenced the specific provision of the Revised Penal Code, stating:

ART. 168. Illegal possession and use of false treasury or bank notes and other instruments of credit.–Unless the act be one of those coming under the provisions of any of the preceding articles, any person who shall knowingly use or have in his possession, with intent to use any of the false or falsified instruments referred to in this section, shall suffer the penalty next lower in degree than that prescribed in said articles.

The prosecution presented testimonies from Pedro Labita and Johnny Marqueta, the Central Bank operatives who conducted the buy-bust operation. They testified that Tecson willingly offered the counterfeit notes to them, clearly indicating his intent to use them as genuine currency. The Court found these testimonies credible and convincing, noting that the trial court characterized them as “clear, straightforward, impartial and (thus) convincing.” Furthermore, the Court found no evidence of ill motive on the part of the prosecution witnesses, reinforcing the reliability of their accounts.

The defense argued that the absence of haggling over the price of the counterfeit notes negated the existence of a buy-bust operation. However, the Supreme Court dismissed this argument, stating that the transaction was interrupted at its inception when the Central Bank operatives decided to apprehend Tecson. The Court emphasized that mere possession coupled with intent to use the counterfeit notes is sufficient to constitute the crime under Article 168 of the Revised Penal Code.

A key point of contention was whether the buy-bust operation constituted entrapment or instigation. Entrapment occurs when law enforcement induces a person to commit a crime they would not otherwise commit, whereas instigation involves actively encouraging someone to commit a crime. The Court clarified that the operation in Tecson’s case was entrapment, which is permissible, rather than instigation. The evidence showed that Tecson already had the intention to sell counterfeit notes, and the civilian informer merely facilitated a meeting with interested buyers.

To illustrate the difference between entrapment and instigation, consider the following:

Entrapment	Instigation
Law enforcement provides an opportunity for a person already predisposed to commit a crime.	Law enforcement induces a person to commit a crime they were not previously inclined to commit.
Permissible under the law.	Illegal and can lead to the dismissal of charges.

The Court referred to the testimony of Pedro Labita to further clarify this point:

Our informer tried to convince the accused and after convincing that we are the buyers of said counterfeit notes, he immediately draws (sic) from his wallet that (sic) counterfeit notes, and upon pre-signal of our informer, we immediately apprehended the accused, sir.

This testimony indicated that the informer did not have to convince Tecson to sell the fake notes; he merely had to assure Tecson that Labita and Marqueta were genuine buyers. This distinction is crucial in determining the legality of the buy-bust operation.

Tecson also challenged the admissibility of the counterfeit notes as evidence, arguing that his arrest was illegal. However, the Court found that Tecson was caught in flagrante delicto, meaning “in the very act of committing the crime.” This justified a warrantless arrest and the subsequent seizure of the counterfeit notes as evidence. Because the officers witnessed Tecson offering the notes, they had probable cause to arrest him without a warrant.

Finally, Tecson claimed that he was tortured into signing the counterfeit notes and the “Pagpapatunay” (attestation). However, the Court noted that Tecson failed to provide any evidence to support this claim and did not file any criminal or administrative complaints against the alleged tormentors. Moreover, the Court emphasized that Tecson’s conviction was not based on the evidence obtained during his custodial investigation, which was disregarded by the appellate court for having been obtained without the assistance of counsel.

FAQs

What was the key issue in this case?	The key issue was whether Alejandro Tecson knowingly possessed and intended to use counterfeit US dollar notes, violating Article 168 of the Revised Penal Code. The court also addressed whether the buy-bust operation constituted illegal instigation or permissible entrapment.
What are the elements of the crime under Article 168 of the Revised Penal Code?	The elements are: (1) the currency is forged; (2) the offender knows it’s forged; and (3) the offender either used or possessed it with intent to use. The intent to use the counterfeit currency is a critical element for conviction.
What is the difference between entrapment and instigation?	Entrapment is when law enforcement provides an opportunity to commit a crime to someone already predisposed to it, while instigation is inducing someone to commit a crime they weren’t initially inclined to commit. Entrapment is legal; instigation is not.
Why was the buy-bust operation considered legal in this case?	The buy-bust operation was legal because the evidence showed that Tecson already had the intent to sell counterfeit notes. The informant merely facilitated a meeting with potential buyers, not inducing him to commit a crime he wouldn’t have otherwise committed.
What does in flagrante delicto mean, and why was it important in this case?	In flagrante delicto means “caught in the act of committing a crime.” It was important because it justified the warrantless arrest of Tecson and the seizure of the counterfeit notes as evidence.
What was Tecson’s defense, and why was it rejected?	Tecson claimed he was framed and tortured into signing the counterfeit notes. The court rejected this because he provided no evidence to support his claims, and his conviction wasn’t based on the evidence obtained during his custodial investigation.
What evidence did the prosecution present to prove Tecson’s intent to use the counterfeit notes?	The prosecution presented testimonies from Central Bank operatives who witnessed Tecson willingly offering the counterfeit notes to them. This demonstrated a clear intent to use them as genuine currency.
What is the practical implication of this ruling?	This ruling clarifies that possessing counterfeit currency is a crime only when coupled with the intent to use it. This emphasizes the importance of awareness and caution when handling currency, as well as understanding the legal ramifications.

In conclusion, the Supreme Court’s decision in Alejandro Tecson vs. Court of Appeals and People of the Philippines underscores the importance of proving intent in cases involving illegal possession and use of counterfeit currency. The ruling reinforces the distinction between entrapment and instigation, providing clarity on the legality of buy-bust operations. This case serves as a reminder to the public to exercise caution when handling currency and to be aware of the legal consequences of possessing and attempting to use counterfeit money.

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: Alejandro Tecson vs. Court of Appeals and People of the Philippines, G.R. No. 113218, November 22, 2001