Crimes defined and penalized by special laws; relation of RPC to special laws Evangeline Ladonga is ACQUITTED.

LADONGA v. PEOPLE
AUSTRIA-MARTINEZ
DIGESTER: Gabi Timbancaya
Evangeline Ladonga was held guilty of violation of BP 22 through conspiracy with her
husband, whom she had accompanied when he signed and issued the first check subject of
the case. She argued that conspiracy could not be applied to

DOCTRINE
Some provisions of the RPC are applicable to special laws: “This Code shall be
supplementary to such [special penal] laws, unless the latter should specially provide the
contrary.”

FACTS
1. Three informations for violation of BP 22 were filed in RTC Bohol against spouses
Adronico and Evangeline Ladonga. The subject of the crimes were UCPB checks
payable to Alfredo Oculam in the ff. amounts: P9,075, P12,730, and P8,496.
2. According to Oculam, the spouses were his regular customers in his pawnshop
business, and that they obtained three loans from him and issued the UCPB checks
as security therefor.
3. The checks bounced upon presentment (closed account), and the spouses failed to
redeem the checks, so Oculam filed a criminal complaint against them.
4. The spouses admitted that there was no sufficient deposit in the account, but claimed
that the checks were issued only to guarantee the obligation and that they agreed that
Oculam should not encash the checks.
5. Both Adronico and Evangeline were convicted. Adronico successfully applied for
probation, while Evangeline on appeal to the CA and SC argued that (1) the principle
of conspiracy, through which she was charged with the crime, is inapplicable to BP 22
which is a special law, and (2) she was not a signatory of the checks and had no
participation in their issuance.

ISSUE with HOLDING

1. W/N the concept of conspiracy is applicable to special penal laws – YES
Some provisions of the RPC are applicable to special laws. Art. 10 reads:
“Offenses which are or in the future may be punishable under special laws are not subject
to the provisions of this Code. This Code shall be supplementary to such laws, unless the
latter should specially provide the contrary.”
The first clause of Art. 10 means only that special penal laws are controlling with
regard to offenses therein specifically punished. However, the RPC shall be
supplementary unless otherwise provided.

2. W/N Evangeline Ladonga is guilty - NO

Conspiracy must be established by positive and conclusive evidence. There is no
such evidence here. Evangeline was merely present when the first check was issued by
Adronico. Conspiracy transcends mere companionship and mere presence at the scene of the
crime does not in itself amount to conspiracy. Even knowledge, acquiescence in or agreement to
cooperate, is not enough to constitute one as a party to a conspiracy, absent any
active participation in the commission of the crime with a view to the furtherance of the common
design and purpose.

DISPOSITIVE PORTION
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