Supreme Court acquits real estate developer found guilty by lower courts | ABS-CBN
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Supreme Court acquits real estate developer found guilty by lower courts
Supreme Court acquits real estate developer found guilty by lower courts
Adrian Ayalin,
ABS-CBN News
Published Dec 14, 2023 01:40 PM PHT
MANILA — The Supreme Court acquitted a real estate developer who was found guilty by lower courts in a case involving the non-registry of lots purchased by a buyer.
MANILA — The Supreme Court acquitted a real estate developer who was found guilty by lower courts in a case involving the non-registry of lots purchased by a buyer.
In the decision of the 3rd Division promulgated on August 30, 2023, the Supreme Court reversed the decisions of the Court of Appeals and the Regional Trial Court of Muntinlupa City to convict ALSGRO Industrial and Development Corporation President Felix Valenzona.
In the decision of the 3rd Division promulgated on August 30, 2023, the Supreme Court reversed the decisions of the Court of Appeals and the Regional Trial Court of Muntinlupa City to convict ALSGRO Industrial and Development Corporation President Felix Valenzona.
The CA and RTC found Valenzona guilty of violating Presidential Decree No. 957 or the Subdivision and Condominium Buyer’s Protective Decree after his company failed to register two 100-square meter lots with the Registry of Deeds.
The CA and RTC found Valenzona guilty of violating Presidential Decree No. 957 or the Subdivision and Condominium Buyer’s Protective Decree after his company failed to register two 100-square meter lots with the Registry of Deeds.
Buyer Ricardo Porteo filed a complaint against Valezona in 2006 after his request for the refund of his P500,000 payments was denied.
Buyer Ricardo Porteo filed a complaint against Valezona in 2006 after his request for the refund of his P500,000 payments was denied.
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Porteo later on discovered that the lots were not registered and were resold by the company.
Porteo later on discovered that the lots were not registered and were resold by the company.
The Supreme Court however said the prosecution failed to establish Valenzona’s guilt.
The Supreme Court however said the prosecution failed to establish Valenzona’s guilt.
The court noted that while violation of PD No. 957 is considered as one of mala prohibita crimes wherein proof of criminal intent is not required, Valenzona cannot be held liable just because he is the president of the company.
The court noted that while violation of PD No. 957 is considered as one of mala prohibita crimes wherein proof of criminal intent is not required, Valenzona cannot be held liable just because he is the president of the company.
“To reiterate, dispensing with proof of criminal intent for crimes mala prohibita does not discharge the prosecution’s burden of proving, beyond reasonable doubt, that the prohibited act was done by the accused intentionally,” the court said.
“To reiterate, dispensing with proof of criminal intent for crimes mala prohibita does not discharge the prosecution’s burden of proving, beyond reasonable doubt, that the prohibited act was done by the accused intentionally,” the court said.
The court said a corporation’s personality is separate and distinct from its officers, directors and shareholders.
The court said a corporation’s personality is separate and distinct from its officers, directors and shareholders.
During trial, it was established that the task of registering properties falls under the Marketing, Documentations and Processing Department of the company.
During trial, it was established that the task of registering properties falls under the Marketing, Documentations and Processing Department of the company.
“Here, the evidence presented by the prosecution failed to pass the test of moral certainty necessary to warrant Valenzona’s conviction,” the court said.
“Here, the evidence presented by the prosecution failed to pass the test of moral certainty necessary to warrant Valenzona’s conviction,” the court said.
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