Pecho vs. People Facts: Petitioner was acquitted of the crime charged, violation of Section 3(e) of R.A. No.

3019 because the said section penalizes only consummated offenses and the offense charged in this case was not consummated. But he was held guilty of the complex crime of attempted estafa through falsification of official and commercial documents, which is necessarily included in the crime charged. Unable to accept the verdict, the petitioner filed a motion for reconsideration on the ground that after having been acquitted of the violation of Section 3(e) of R.A. No. 3019 he could not be convicted anymore of attempted estafa through falsification of official and commercial documents; otherwise, the constitutional provision on double jeopardy would be violated because both offenses arose from the same overt act as alleged in the information in Criminal Case No. 14844. Issue: W/N evidence adduced by the prosecution had established beyond reasonable doubt the guilt of the petitioner for the complex crime of attempted estafa through falsification of public and commercial documents. W/N the Office of the Solicitor General is correct in rejecting the theory of the petitioner, assuming there is sufficient evidence, that petitioner could be convicted of the complex crime of attempted estafa through falsification of public and commercial documents without violating the right of the accused to be informed of the nature and cause of the accusation against him. Held: 1. The evidence for the prosecution, as admitted by the respondent, only showed that it was Catre who possessed the falsified documents, contracted the services of Calica, and delivered the documents to the latter for processing. In the absence of satisfactory explanation, Catre, being the one in possession of the forged documents, is presumed to be the forger. It is settled that the same degree of proof required for establishing the crime is likewise required to support a finding of conspiracy. In other words, conspiracy must be shown to exist as clearly and as convincingly as the commission of the offense itself. 2. On the assumption that the prosecutions evidence had satisfied the quantum of proof for conviction for the complex crime of attempted estafa through falsification of public and commercial documents, there is absolutely no merit in the petitioners claim that he could not be convicted of the said crime without offending his right to be informed. What determines the real nature and cause of accusation against an accused is the actual recital of facts stated in the information or complaint and not the caption or preamble of the information. However, there is no showing that petitioner performed an overt act in furtherance of alleged conspiracy.

WHEREFORE, the petitioners motion for reconsideration is GRANTED. ACQUITTING petitioner of the complex crime of attempted estafa through falsification of official and commercial documents, without, however, prejudice to any appropriate administrative action which his office may take against him as may be warranted by the circumstances in this case.