G.R. No. 192760 - Garingarao vs. People

In 2001, the Sangguniang Panlalawigan of the newly created Province of Zamboanga Sibugay realigned savings from Personnel Services (PS) and Maintenance and Other Operating Expenses (MOOE) to an “Aid to the Poor” Program, earmarked for elective officials, including Board Member Eric A. Cabarios.
A 2003 Commission on Audit (COA) special audit, prompted by Ombudsman complaints, revealed that elective officials allegedly advanced aid from their pockets for reimbursement, supported by disbursement vouchers and falsified attachments. For Cabarios, 29 of 31 named beneficiaries were unlocatable or non-residents; two denied receipt.

By July 10, 2006 Ombudsman-Mindanao resolution, probable cause was found for five counts of violation of Section 3(e) of RA 3019 (Anti-Graft and Corrupt Practices Act) and five counts of malversation of public funds through falsification under RPC Article 217, in relation to Articles 171 and 48.
On September 22, 2010 ten separate Informations were filed before the Sandiganbayan against Cabarios, social worker Michelle B. Navalta, and witness James I. Revantad, each alleging undue injury to the government and falsified reimbursement vouchers.

COA audit team testimony (Atty. Sumicad) on failed beneficiary verification and returned confirmation letters.
PSWDO testimony (Garate) on procedural irregularities and pressure from board members.
MLGOO Alvarado’s confirmation that most beneficiaries were not registered voters.
Ombudsman investigator’s finding of probable cause.

Cabarios’s description of an expedited “advance then reimburse” process authorized by ordinances and resolutions.
Testimonies of beneficiaries (Baltazar, Monasterio, Baylosis, Acas) and Barangay Captain Silva confirming actual aid and signatures.
Alvarez’s excluded affidavit explaining she misunderstood COA’s 2003 confirmation letter.

By Decision dated August 30, 2016, the Sandiganbayan convicted Cabarios on all ten counts—five counts under RA 3019 Section 3(e) and five counts of malversation through falsification—imposing indeterminate prison terms, perpetual disqualification, and fines.
A motion for reconsideration was denied by Resolution dated October 25, 2016.

Whether the Supreme Court may review findings of fact in a Rule 45 petition or must treat it as an ordinary appeal allowing factual re-examination under the Revised Internal Rules of the Sandiganbayan.

Whether Cabarios, in disbursing “Aid to the Poor,” acted with manifest partiality, evident bad faith, or gross negligence, causing undue injury to the government by reimbursing advances to fictitious or non-existent beneficiaries.

Whether Cabarios misappropriated public funds by falsifying disbursement vouchers and supporting documents, given his custodial duty over the Program’s funds.