Republic of the Philippines SUPREME COURT Manila SECOND DIVISION G.R. No.

L-65006 October 31, 1990 REOLANDI DIA , petitioner, vs. PEOPLE O! T"E P"ILIPPINES #$% INTERMEDIATE APPELLATE COURT, respondents. Paterno R. Canlas Law Offices for petitioner. PARAS, J.: In Cri inal Case No. !"# of the Court of $irst Instance of Pa pan%a, $ifth &udicial District, 'ranch VI, San $ernando, Pa pan%a, petitioner Reolandi Dia( )as char%ed )ith the cri e of $alsification of Official Docu ent co itted as follo)s* +hat on or about the ,th da- of Dece ber .!/0, in the Municipalit- of San $ernando, Province of Pa pan%a, Philippines, and )ithin the 1urisdiction of this 2onorable Court, the above3na ed accused, Reolandi M. DI45, then a Senior Cler6 at the &ose 4bad Santos 2i%h School and, therefore, a public e plo-ee, did then and there )illfull-, unla)full- and feloniousl- co it falsification of official docu ents, to )it* b- e7ecutin% and filin% in the office of the Civil Service Co ission of said unicipalit- a Personal Data Sheet, CS $or No. 0.089,:, an official docu ent, statin% and altin% it appear therein that he )as a fourth -ear 'achelor of 4rts student in .!,;3,# at the Cos opolitan and 2arvardian Colle%es )hich docu ent is a re<uire ent for his reappoint ent as School 4d inistrative 4ssistant I of the &ose 4bad Santos 2i%h School and )herein the acade ic re<uire ent to said Position is at least a fourth -ear colle%e under%raduate, )hen in truth and in fact, the said accused )ell 6ne) that the state ent is false and he did not reach the fourth -ear in a 'achelor of 4rts de%ree course, and conse<uentl-, b- reason of said untruthful narration of facts, his appoint ent to the said position )as approved b- the Civil Service Co ission. 4ll contrar- to la). 8p. ##, Rollo: 4fter trial follo)in% a plea of not %uilt- upon arrai%n ent, petitioner )as found %uilt- as char%ed. +he dispositive portion of the trial court=s decision is as follo)s* >2ERE$ORE and in vie) of all the fore%oin%, this Court finds the accused Reolandi M. Dia( %uilt- as char%ed of the cri e of falsification of official docu ent penali(ed under 4rticle ./., para%raph #, of the Revised Penal Code, and he is therefore sentenced to suffer the indeter inate penalt- of i prison ent of t)o 80: -ears, four 8#: onths and one 8.: da- of prision correccional, as ini u , to si7 89: -ears and 8.: da- of prision mayor, as a7i u , and to pa- a fine of ONE +2O?S4ND 8P.,;;;.;;: PESOS )ithout subsidiari prison ent in case of insolvenc-. Costs a%ainst the accused. 8pp. ,,3,9, Rollo: Petitioner appealed the aforesaid 1ud% ent of conviction to the Inter ediate 4ppellate Court, said appeal bein% doc6eted thereat as C43@.R. No. 0#,A;3 Cr. In its Decision pro ul%ated on 4pril /,.!A", the respondent court odified the trial court=s decision bincreasin% the a7i u of the indeter inate penalt- of i prison ent in the event of non3pa- ent of the fine due to insolvenc-, but affir ed the verdict of conviction in all other respects. +he pertinent and dispositive portions of respondent court=s decision read* +he penalt- for the offense of falsification of an official docu ent co itted under 4rticle ./., para%raph # of the Revised Penal Code is (prision mayor) and a fine not to e7ceed P,,;;;.;;. +he correct penalt- that should be i posed on the appellant appl-in% the

Indeter inate Sentence Ba) is i prison ent of +)o 80: Cears, $our 8#: Months and One 8.: Da- of (prison correctional) as ini u to Ei%ht 8A: Cears and One 8.: Da- of (prision mayor) as a7i u In ca of non3pa- ent of the fine of P.,;;;.;; due to insolvenc-, the appellant should be sub1ect to subsidiar- i prison ent. >2ERE$ORE, )ith the above odification as to the penalt- and the i position of subsidiar- i prison ent in case of insolvenc-, the decision appealed fro is affir ed in all other respects )ith costs a%ainst accused3 appellant= 8P. 9A, Rollo: Petitioner=s otion for reconsideration )as denied, hence, the present recourse. It is the contention of petitioner that he is entitled to an ac<uittal becauseD .. +he findin%s of the lo)er court adopted b- the respondent inter ediate 4ppellate Court that he )as not a fourth -ear 43'. Colle%e student is contrar- to the evidence presented. 0. +he respondent inter ediate 4ppellate Court %ravel- co uted an error of la) in convictin% hi did not have an- le%al obli%ation to state in CS $or 0.0 that he )as a fourth -ear colle%e student. ". +he Inter ediate 4ppellate Court co records 8E7hibit I: is spurious. as he

itted a %rave abuse of discretion in findin% that the transcript of

?pon the follo)in% facts, found b- both the trial court and respondent Inter ediate 4ppellate Court, to have been sufficientl- and satisfactoril- established b- the evidence on record, it appears that petitioner Reolandi Dia( )as a senior cler6 at the &ose 4bad Santos 2i%h School in San $ernando, Pa pan%a. In .!/0 he sou%ht appoint ent as School 4d inistrative 4ssistant I of the sa e school and as one of the re<uire ents for appoint ent to said position, filled up the prescribed personal infor ation sheet, Civil Service $or 0.0, and s)ore to the truth and veracit- of the data and infor ation therein furnished b- hi before the proper ad inisterin% officer. 4s one of the re<uired infor ations, he indicated in E7h E4E that his hi%hest educational attain ent )as $ourth Cear 4.'. 8Biberal 4rts: alle%edl- pursued or obtained at the Cos opolitan and 2arvardian Colle%es, respectivel-, durin% the -ears .!,; to .!,# inclusive. On the basis thereof, he )as e7tended an appoint ent as School 4d inistrative 4ssistant I 8E7h. E'E:. 2is personal infor ation sheet 8E7h. E4E: to%ether )ith his appoint ent paper 8E7h. E'E:, the certification as to the availabilit- of funds for the position 8E7h. ECE: and the resolution of the Provincial 'oard of Pa pan%a creatin% the position 8E7h. EDE: )ere all for)arded to the Civil Service Co ission for the approval of petitioner=s appoint ent. 'ut contrar- to petitioner=s clai that his hi%hest educational attain ent )as $ourth Cear 4.'. )hich he alle%edl- too6 at the Cos opolitan and 2arvardian Colle%es durin% the -ears .!,; to .!,#, he )as never enrolled at the Cos opolitan Colle%es )hich later beca e the 4bad Santos Educational Institution and still later the Ortane( ?niversit-3at an- ti e durin% the period coverin% the -ears fro .!,; to .!,#, inclusive as certified to b- the Re%istrar of Ortane( ?niversit-, Mr. 4tilano D. Solo on. Bi6e)ise, petitioner )as never a student at the 2arvardian Colle%es in +ondo, durin% the first <uarter of school -ear .!,"3.!,#, inclusive, as certified to b- the school=s President, Mrs. Vir%inia Fin% vda. de Cap. Neither did petitioner ever enroll as a colle%iate student at the 2arvardian Colle%es in San $ernando, Pa pan%a after he finished his secondar- course in the sa e school in &une .!,;, as certified to b- its E7ecutive Director, 4tt-. 4rnulfo @arcia. 4lso, the na e of petitioner )as not included in all the enroll ent lists of colle%e students sub itted to the then 'ureau of Private Schools of the Depart ent of Education b- the 2arvardian Colle%es at San $ernando, Pa pan%a and at +ondo, Manila, durin% the period durin% )hich petitioner clai ed to have been enrolled. +he sa e thin% is true )ith the list sub itted b- the Cos opolitan Colle%es to the said bureau. +he petitioner did not ta6e the )itness stand. 2e onl- presented in evidence an alle%ed transcript of record 8E7h. .: purportin% to sho) that he too6 up colle%iate courses at the Philippine 2arvardian Colle%e in +ondo, Manila, be%innin% fro the first <uarter of the school -ear .!,.3.!,0 up to the first <uarter of school -ear .!,"3.!,# )hich transcript of record )as alle%edl- si%ned b- Mrs. Vir%inia Fin% vda. de Cap, for and in behalf of the then President of the school, Ildefonso Cap. 'ut Mrs. Vir%inia Cap, testif-in% for the prosecution diso)ned the said si%nature. 'esides, at the botto portion of the transcript is a printed notation readin% D this is onl- valid )ith the colle%e seal and si%nature of Pres. Ildefonso D. Cap. E7hibit EIE

lac6s the i print of the colle%e seal and the si%nature of President Ildefonso Cap hi self. No other corroboratin% piece of evidence )as presented b- petitioner. Contrar- to petitioner=s posture, there )as a ple, solid and conclusive evidence adduced b- the prosecution to prove that he )as not a fourth -ear 4.'. under%raduate. It )as clearl- established that the state ent ade b- the accused D that he reached fourth -ear 4.'. and that he studied for this course 8Biberal 4rts: at the Cos opolitan Colle%es and the 2arvardian Colle%es fro the -ears .!,;3.!,#, is devoid of truth. +he records of these colle%es do not at all reveal that petitioner )as even enrolled at an- ti e fro .!,; to .!,# in its Colle%e of Biberal 4rts. 2is na e does not appear and could not be found in the enroll ent lists sub itted to the 'ureau of Private Schools b- these colle%es. >hile the petitioner in his defense presented an alle%ed transcript 8E7h. purportin% to sho) that he too6 up colle%iate course at the Philippine 2arvardian Colle%e in +ondo, Manila, be%innin% fro the first <uarter of the school -ear .!,.3.!,0 up to the first <uarter of the school -ear .!,"3.!,#, both the trial court and the respondent court correctl- disre%arded said transcript as havin% e anated fro a spurious source. +he transcript presented lac6s the authenticatin% ar6s3the i print of the colle%e seal and the si%nature of the President of the colle%e. 4s correctl- observed b- the trial court D It is also <uite si%nificant to note in this score that the accused in his defense failed to present an- corroboratin% piece of evidence )hich )ill sho) that he )as indeed enrolled in the Philippine 2arvardian Colle%es fro the first <uarter of the school -ear .!,"3 .!,#. If he had enrolled as a student durin% this period of ti e and he )as positive that the transcript of records issued to hi and in his possession is %enuine and valid, it could have been easfor hi to introduce corroboratin% evidence, i.e., the testi on- of an- of his class ates or teachers in the different sub1ects that he too6 to support his clai that he studied and passed these colle%iate courses at the said school. 'ut this he failed to do despite all the opportunities open to hi and in the face of da nin% evidence all sho)in% that he had not reall- enrolled in this school or in the other school entioned b- hi the personal infor ation sheet that he filed up as re<uire ent for his appoint ent. 8p. ,", Rollo: $ollo)in% the doctrine laid do)n, ho)ever, in the case of People v. Rufo '. Cru(, No. B3.,."0, Ma0,,.!9;,.;A Phil. 0,, and the earlier case of ?nited States v. +upasi Molina, 0! Phil. ..!, the cri e co itted under the fore%oin% facts, is per1ur-. +his offense, as defined in 4rticle .A" of the Revised Penal Code is the )illful and corrupt assertion of a falsehood under oath or affir ation ad inistered b- authoritof la) on a aterial atter. +he said article provides D 4rt. .A". $alse testi on- in other cases and per1ur- in sole n affir ation. +he penaltof arresto mayor in its a7i u period to prision correccional in its ini u period shall be i posed upon an- person )ho, 6no)in%l- a6in% untruthful state ents and not bein% included in the provisions of the ne7t precedin% articles, shall testif- under oath or a6e an affidavit upon an- aterial atter before a co petent person authori(ed to ad inister an oath in cases in )hich the la) so re<uires. 4n- person )ho, in case of a sole n affir ation ade in lieu of an oath, shall co it anof the falsehoods entioned in this and the three precedin% articles of this section shall suffer respective penalties provided therein. In that case of People v. Cruz, supra, the accused Rufo '. Cru( failed up an application for 8Civil Service $or No. 0: for the patrol an e7a ination. 2e stated therein that he had never been accused, indicted or tried for violation of an- la), ordinance or re%ulation before an- court, )hen in truth and in fact, as the accused )ell 6ne), he had been prosecuted and tried before the &ustice of the Peace of Cainta, Ri(al, for different cri es. +he application )as si%ned and s)orn to b- hi before the unicipal a-or of Cainta, Ri(al. +his Court in that case held* +his article is si ilar to Section " of 4ct No. .9!/ of the Philippine Co ission, )hich )as

for erl- the la) punishin% per1ur-. ?nder said section " of that 4ct, this Court, in the case of ?nited States v. +upasi Molina 80! Phil. ..!:, held that a person, )ho stated under oath in his application to ta6e police e7a ination that he had never been convicted of an- cri e, )hen as a atter of fact he has previous convictions, co itted per1ur-. +he facts in that case are al ost e7actl- analo%ous to those in the present, and )e find no reason, either in la) or in the ar%u ents of the Solicitor @eneral to odif- or reverse the conclusion of this Court therein. More so, because all the ele ents of the offense of per1ur- defined in 4rt. .A" of the Revised Penal Code concur in the present case. +he ele ents of the cri e of per1ur- are D 8a: +hat the accused ade a state ent under oath or e7ecuted an affidavit upon a aterial atter. 8b: +hat the state ent or affidavit )as ad inister oath. ade before a co petent officer, authori(ed to receive and ade a and deliberate assertion of a falsehood. ade for a le%al

8c: +hat in that state ent or affidavit, the accused

8d: +hat the s)orn state ent or affidavit containin% the falsit- is re<uired b- la) or purpose. 4ll the fore%oin% ele ents are present in the case at bar.

Per1ur- under 4rt. .A" of the Revised Penal Code carries a lesser penalt-. +he penalt- for this cri e is arresto mayor in its a7i u period to prision correccional in its ini u period. Since there is no iti%atin% and a%%ravatin% circu stance the penalt- should be i posed in its ediu period. 4ppl-in% the Indeter inate Sentence Ba), the penalt- should be fro four 8#: onths of arresto mayor as ini u to one 8.: -ear and one 8.: da- of prision correccional as a7i u . >2ERE$ORE, in vie) of the fore%oin% considerations, the decision appealed fro is odified as follo)s* 8a: +he accused Reolandi Dia( is found %uilt- of the cri e of per1ur- defined and penali(ed under 4rt. .A" of the Revised Penal CodeG and 8b: +he accused is hereb- sentenced to suffer the penalt- of fro four 8#: ini u to one 8.: -ear and one 8.: da- of prision correccional as a7i u . SO ORDERED. Melencio-Herrera (C airperson), Pa!illa, "armiento an! Re#ala!o, $$., concur. onths of arrests mayor as