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Case Title:
VAN D. LUSPO, petitioner, vs.
PEOPLE OF THE PHILIPPINES,
respondent.
Citation: 642 SCRA 729 G.R. No. 188487.February 14, 2011.*
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VAN D. LUSPO, petitioner, vs. PEOPLE OF THE PHILIPPINES,
Search Result respondent.
Criminal Law; Anti-Graft and Corrupt Practices Act; Two ways for a
public official to violate Section 3 (e) of R.A. No. 3019 in the performance
of his functions; Essential Elements of the Offense.In Cabrera v.
Sandiganbayan, 441 SCRA 377 (2004), we explained that there are two
ways for a public official to violate this provision in the performance of his
functions, namely: (a) by causing undue injury to any party, including the
government; or (b) by giving any private party any unwarranted benefits,
advantage, or preference. In that case, we enumerated the essential
elements of the offense, viz.: 1. The accused must be a public officer
discharging administrative, judicial, or official functions; 2. He must have
acted with manifest partiality, evident bad faith, or gross inexcusable
negligence; and 3. His action caused undue injury to any party, including
the govern-
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* SECOND DIVISION.
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730
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731
NACHURA,J.:
Petitioners, the accused in Sandiganbayan Criminal Case No.
20192, in this consolidated petition for review seek the
732
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The Facts
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733
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On the basis of the foregoing findings, the investigating team
recommended that appropriate complaints be filed against
Nazareno, Domondon, Montano, Tugaoen, and Pedro Sistoza
(Director Sistoza), Regional Director, North CAPCOM. No
reasonable ground was found to implicate Duran in
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734
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735
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1.That except for accused Margarita Tugaoen, all the accused are public
officers at the time stated in the Information;
2.That on August 11, 1992, the Office of the Directorate for
Comptrollership of the PNP, issued two (2) Advices of Sub-Allotment
(ASAs) in favor of the North CAPCOM in the amount of Five Million
Pesos (P5,000,000.00) each, making a total of TEN MILLION [PESOS]
(P10,000,000.00) for payment of Combat, Clothing, and Individual
Equipment (CCIE) of PNP personnel.15
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15 Id., at p. 387.
16 Prosecutions Formal Offer of Evidence, Records, Vol. II, pp. 150-159.
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737
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738
There have been several instances where the courts have accorded
due credence to the admissibility of microfilm copies or photostatic copies
of microfilmed documents such as checks and other commercial
documents relying on the factual justification that these checks were
microfilmed in the ordinary course of business and there is an ample
showing that they were accurate and [have] not been substantially
altered. x x x.
Thus, if the witnesses presented attested to the fact that the checks
are microfilmed in the ordinary course of business and that the
photostats have attained acceptable degree of accuracy, the same are no
doubt admissible in evidence in lieu of the original, not on the basis of the
best evidence rule but because they may be considered as entries in the
usual or regular course of business. This Court may also want to take
judicial notice of the fact that one of the reliable
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740
in the charge, and that Nazareno and Domondon, who were not
among those investigated, were criminally charged.
Trial then resumed for the presentation of evidence for the
defense.
None of the accused took the witness stand. The defense did not
dispute the events that transpired, but they stressed that they did
not commit any prohibited act. To debunk the case for the
prosecution, Luspo and his co-accused Domondon presented
Leonilo Lapus Dalut (Dalut), Program and Budget Officer of the
Directorate for Personnel, PNP, from 1989 until 1993.
Testifying for Luspo and Domondon, Dalut declared that
Domondon, as the then Director for Comptrollership, was
authorized to sign ASAs for personal services fund which
include CCIE irrespective of amount and without any prior
request from the Directorate for Personnel. This was allegedly
shown in the Delegation of Authority27 and its corresponding
Schedule of Delegation28 issued by Nazareno on March 20, 1992,
pertinent portions of which state:
SUBJECT:Delegation of Authority
TO:All Concerned
xxxx
(2)In order to free the Chief, Philippine National Police of routine
decisions so that he can devote his time to more important functions and
in order to prepare subordinate officers for greater responsibility so that
police service will be delivered more efficiently and effectively, specific
authorities of the Chief, PNP are hereby delegated to the Deputy Chief
for Administration, Deputy Chief for Operations, The Chief of Directorial
Staff, Directors of the Directorial Staff, Regional Directors and Directors
of Support Units as per attached tabulation.
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27 Exhibits 6 to 6-A.
28 Exhibits 6-B to 6-Q.
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741
(3) Generally, the delegate will sign for the Chief, PNP but he may
sign in his own name when appropriate, depending on the circumstances
or nature of the communication. The name and signature of the delegate
signing for C[/]PNP shall be preceded by BY COMMAND OF
DIRECTOR GENERAL NAZARENO or FOR THE CHIEF,
PHILIPPINE NATIONAL POLICE, whichever is appropriate.
xxxx
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742
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29 Pages 51-54 of the Sandiganbayans January 19, 2009 decision, supra note
1.
30 Exhibit 9.
31 Exhibit 10.
32 Pages 54-55 of the Sandiganbayan decision; supra note 1.
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Accused Luspo issued the two (2) ASAs (Exhibits A, A-1) without
the authority from the Directorate for Comptrollership nor from the Chief
PNP. These ASAs eventually became the basis in the drawing of the one
hundred checks signed by accused Duran and Montano that effected the
release of the funds intended for the purchase of CCIE items to accused
Tugaoen. These series of acts spelled nothing but conspiracy which
showed their common design in achieving their one common goal to the
damage and prejudice of the government.36
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33 Exhibit 12.
34 Records, Vol. III, pp. 472-473.
35 Supra note 1.
36 Id., at p. 64.
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744
sition, the bidding process, series of deliveries, and inherent red tapes)
only indicates signs of deep-rooted conspiracy, to wit: 1. issuance of ASA
over and above the approved program of P6 M for CY 1992 and the
charging of the same to funds for personal services (100-10) even without
the approval of the DBM; 2. release of ASA to North CAPCOM even
without the required programming or corresponding requisition/request
therefrom; 3. splitting the supposed payments into 100 checks at
P100,000.00 each to go around the rule that purchase order, vouchers and
checks above P100,000.00 be signed by the Regional Director; and 4. the
purported documents for the supposed purchases did not go to the usual
process of passing to the Chief Accountant for recording/accounting, and
the Regional Director for approval.37
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37 Id., at p. 65.
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745
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The Issues
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39 Luspos Motion for Reconsideration was filed on January 28, 2009; Records,
Vol. IV, pp. 94-104.
40 Durans Motion for Reconsideration was filed on February 2, 2009; id., at
pp. 126-158.
41 Montano and Tugaoen jointly filed a Motion for Reconsideration on January
28, 2009; id., at pp. 105-125.
42 Rollo (G.R. No. 188541), pp. 90-97.
43 Rollo (G.R. No. 188487), pp. 95-96.
44 Id., at p. 7.
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747
WITNESS STAND;
THE SANDIGANBAYAN GRAVELY ERRED IN BASING ITS FINDING
OF EXISTENCE OF CONSPIRACY AND ITS JUDGMENT OF
CONVICTION ON THE BASIS OF SURMISES AND CONJECTURES
BY ADOPTING AND RELYING UPON THE FINDINGS OF THE
OMBUDSMAN DURING PRELIMINARY INVESTIGATIONS, IN
UTTER DISREGARD OF THE CONSTITUTIONAL MANDATE THAT
EVERY DECISION OF A COURT SHALL STATE EXPRESSLY AND
DISTINCTLY, THE FACTS AND THE LAW UPON WHICH IT IS
BASED;
THE SANDIGANBAYAN GRAVELY ERRED IN HOLDING THAT THE
INVESTIGATIONS CONDUCTED ON PETITIONERS ARE NOT
CUSTODIAL INVESTIGATION AND IN NOT HOLDING THAT THE
SWORN STATEMENTS TAKEN BY THE INVESTIGATING OFFICERS
DURING INVESTIGATIONS ARE INADMISSIBLE IN EVIDENCE FOR
BEING VIOLATIVE OF THE CONSTITUTIONAL RIGHTS OF
PETITIONERS, PARTICULARLY THEIR RIGHT TO COUNSEL;
THE SANDIGANBAYAN GRAVELY ERRED AND GRAVELY ABUSED
ITS DISCRETION IN ADMITTING IN EVIDENCE AND IN GIVING
THE MERE XEROX COPIES OF THE CHECKS WHICH WERE
MERELY CONDITIONALLY MARKED, PROVATIVE (SIC) VALUE,
AND DESPITE PROSECUTIONS FAILURE TO COMPLY WITH ITS
COMMITMENT TO SUBMIT OR PHYSICALLY PRODUCE THE
ORIGINALS THEREOF;
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48 Albert v. Sandiganbayan, G.R. No. 164015, February 26, 2009, 580 SCRA
279, 290, citing Gallego, et al. v. Sandiganbayan, 201 Phil. 379, 383; 115 SCRA
793, 795 (1982).
49 See Uriarte v. People, G.R. No. 169251, December 20, 2006, 511 SCRA 471,
487.
50 Supra note 48.
51 Id., at p. 290. (Citations omitted.)
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751
752
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The last instance attends in the instant case. Clear and
unmistakable in the August 30, 1993 resolution of the OMB-AFP53
is the crucial detail that, on January 31, 1991, Domondon issued a
Memorandum delegating to Luspo and a certain Supt. Reynold
Osia (Osia) the authority to sign for him (Domondon) and on his
behalf, allotments for personal services in the amount not
exceeding Five Million Pesos (P5,000,000.00), and in his absence,
the amount of P20,000,000.00. This was, in fact, the hammer that
drove the nail and linked Domondon to the conspiracy theory
advanced by the prosecution.
As previously mentioned, the Sandiganbayan absolved
Domondon of any liability in the issuance of the ASAs by virtue of
the Delegation of Authority and Schedule of Delegation issued by
Nazareno, authorizing him (Domondon) to charge CCIE to
personnel services 01, and to release funds therefor, irrespective
of amount, without need for a prior request program from the
Directorate of Personnel. The Sandiganbayan also took judicial
notice of the OMB Order
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52 Ong v. People, G.R. No. 176546, September 25, 2009, 601 SCRA 47, 53,
citing Suller v. Sandiganbayan, G.R. No. 153686, July 22, 2003, 407 SCRA 201,
208.
53 Supra note 10, at p. 14.
753
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common to most, if not all, agencies without the need of special clearance or approval from a
competent authority. National Budget Circular 440 dated January 3, 1995.
754
The law also empowers the PNP Chief to delegate his myriad
duties and authority to his subordinates, with respect to the units
under their respective commands:
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755
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and in the integration of such projects and programs to the over-all PNP program.
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756
The Chief of the PNP shall also have the power to issue
detailed implementing policies and instructions regarding
personnel, funds, properties, records, correspondence and such
other matters as may be necessary to effectively carry out the
functions, powers and duties of the Bureau. The Chief of the PNP
shall be appointed by the President from among the senior officers down
to the rank of chief superintendent, subject to confirmation by the
Commission on Appointments: Provided, That the Chief of the PNP shall
serve a term of office not to exceed four (4) years: Provided, further, That
in times of war or other national emergency declared by Congress, the
President may extend such term of office. (Emphasis supplied.)
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delegated the routine act of affixing his signature to the ASA to his
financial assistant, Domondon.
Verily then, the duty delegated by Nazareno to Domondon was
the ministerial duty of signing ASAs to effect the release of funds.
Being merely ministerial, Domondon was allowed to sub-delegate,
as he did sub-delegate, the task to his subordinate, Luspo. As such,
the signature affixed by Luspo to the ASAs had the same effect as
if it was made by Nazareno himself.
Therefore, Luspo, in the same manner as Domondon, had
satisfactorily adduced evidence of good faith to overturn and
repudiate the imputation of evident bad faith against him. He
committed no prohibited act in signing and issuing the assailed
ASAs because there is ample documentary and testimonial
evidence showing that:
(1)Luspo was duly authorized by Domondon to release
personal services funds by signing ASAs in the latters behalf.
Luspos signature in the ASAs is attributable to Domondon who, in
turn, was authorized by Nazareno to release funds for personnel
services through the issuance of an ASA.
(2)Contrary to the prosecutions contention, the issuance of
ASAs by the ODC in favor of PNP regional commands did
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761
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66 Volume I, Title 4.
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762
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67 Republic v. Desierto, G.R. No. 131397, January 31, 2006, 481 SCRA 153,
161.
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68 Sistoza v. Desierto, 437 Phil. 117, 136; 388 SCRA 307, 330 (2002).
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Cargo of COA-PNP North CAPCOM when she stated
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69 Sec. 40, Book VI, 1987 Administrative Code. No funds shall be disbursed,
and no expenditures or obligations chargeable against any authorized allotment
shall be incurred or authorized without first securing certification of its Chief
Accountant or head of accounting unit as to the availability of funds and the
allotment to which the expenditure or obligation may be properly charged.
70 Sec. 1 of Executive Order No. 301 dated July 26, 1987 provides that no
contract for public services or for furnishing supplies, materials and equipment to
the government or any of its branches, agencies or instrumentalities shall be
renewed or entered into without public bidding.
71 Adopted from July 7, 1997 of the OMB, page 2.
72 Exhibit F-19.
73 Exhibit F-18.
766
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74 Exhibit F-20.
75 Exhibits F-14 to F-14-B.
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767
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768
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77 Exhibit E.
78 Bon v. People, G.R. No. 152160, January 13, 2004, 419 SCRA 101,112, citing
People v. Sabalones, 356 Phil. 255, 294; 294 SCRA 751, 790 (1998).
79 Respectively docketed as Exhibits A, A-1, C to C-27, C-28 to C-29,
H to H-4.
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770
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771
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