G.R. No. L-54272-73 - Calubaquib y Carbonel vs. Sandiganbayan

Two separate appeals by certiorari were brought from the Sandiganbayan’s decision convicting petitioners for estafa through falsification of public documents.
The cases involve multiple accused, but the decision consolidated certain charges and separately treated the appeals of Juan Calubaquib and Viriato Molina, Jr.
The offenses relate to ghost repairs of typewriters in the Courts of First Instance in Cagayan, allegedly involving fabricated purchase requests, quotations, and vouchers.

On May 30, 1977, Acting Judge Bonifacio Cacdac instructed Norma Avena, the clerk in charge of supply requisitions, regarding a janitor’s request for supplies, citing dirty and poorly maintained court facilities.
When Judge Cacdac resumed work on June 6 or 7, 1977, he learned from Avena that the funds had supposedly been exhausted due to repairs of typewriters.
An inquiry at the Provincial Treasurer’s Office revealed vouchers for typewriter repairs in Branches I and V—even though no actual repairs were deemed necessary.

Judge Cacdac, disturbed by the unexplained repairs, requested the National Bureau of Investigation (NBI) to probe the alleged ghost repairs.
Subsequent preliminary investigation by Special Prosecutor Rufo Baculi led to the filing of informations on August 6, 1979, charging 13 persons with malversation through falsification of public documents.
The investigation uncovered a series of documents: Purchase Requests, Open Quotations, Abstracts of Open Quotations, Requisition and Issue Vouchers, Reports of Waste Materials, and payment vouchers—all of which bore signs and certifications by various officials.

Served as the Chief of Division in the Provincial Auditor’s Office.
Was designated to conduct inspections in the absence of regular checkers and inspectors and proceeded to examine typewriters in the courts.
Signed the Report of Waste Materials, prepared Certificates of Inspection, and handled the disposal of the inspected spare parts after verifying their condition.
Claimed that his verification was prompted by necessity and relied on representations by subordinates.

Held the position of Clerk of Court at the Court of First Instance (Branches I and V).
Executed Purchase Requests, certified the need for repairs, signed Open Quotations and Abstracts awarding the contract to Universal Business Machine (owned by Bonifacio Canedo), and received supplies via the Requisition and Issue Vouchers.
Relied heavily on the documents and representations of his subordinates, allegedly without personally verifying the condition of the typewriters.

Bonifacio Canedo: Alleged to have manipulated the process by physically delivering documents and later returning the misappropriated funds.
Various employees such as Timoteo Tamaray, Pompeo Bassig, Epifanio Palattao, and others who signed, initialed, or certified various documents in the procurement and payment process.

Documentary evidence consisted of multiple exhibits (labeled “Exhibits K, W, X, I, I-1, I-2, S, T, U, J, V, H, R, N, AA, BB, G, and Q”) showing the steps in the procurement process and the chain of certification.
Testimonies from court employees, including remarks on the working condition of the typewriters, bolstered the evidence.
The trial court’s findings relied on the evidence that despite the presentation of spare parts and certifications, the typewriters were found to be in good working condition, indicating that no genuine repair was needed.

The prosecution’s theory was that all accused had entered into a conspiracy to defraud the government using falsified documents.
Calubaquib denied any prior arrangement or conspiratorial intent, asserting his actions were ordinary administrative duties carried out under extenuating circumstances.
Molina’s participation, however, was marked by his failure to verify the actual need for repairs and by relying solely on presentations from his subordinates, thus allegedly validating his involvement in the fraud.

Whether Juan Calubaquib actively participated in or was merely an unwitting participant in the alleged conspiracy to commit estafa through falsification of public documents.
Whether his conduct in verifying and certifying the alleged repairs constituted an element of the conspiracy or an innocent exercise of administrative duty.

The validity of the creation of the Sandiganbayan and whether its establishment under the then-President’s powers was constitutionally proper.
Whether the procedures promulgated under Presidential Decree No. 1486, including limitations on the right of appeal (eliminating review by the Court of Appeals), violate the equal protection clause and due process requirements.
Whether the procedural framework amounted to an ex post facto imposition that altered the punishment or evidentiary rules for acts committed before the decree’s enactment.

Whether the evidence adduced, both documentary and testimonial, was sufficient to sustain the convictions—particularly in distinguishing the roles and culpability of Calubaquib and Molina.
Whether the discrepancies in the signatures and certifications (e.g., use of different typewriters) and the handling of spare parts undermined the prosecution’s conspiracy theory.