Case Digest (G.R. No. 223844)
Facts:
The case involves Danilo Calivo Cariaga as the petitioner and Emmanuel D. Sapigao and Ginalyn C. Acosta as the respondents. The events leading to this case began when Cariaga filed a Complaint Affidavit on February 25, 2014, before the Office of the Provincial Prosecutor (OPP) in Urdaneta City, Pangasinan. In his complaint, he accused the respondents, who served as the Barangay Chairman and Secretary of Barangay Carosucan Sur, Asingan, Pangasinan, of committing the crimes of Falsification of Public Documents, False Certification, and Slander by Deed, as defined under Articles 171, 174, and 359 of the Revised Penal Code (RPC). Cariaga alleged that the respondents made two false entries in the barangay blotter: Entry No. 00054 dated August 3, 2012, which claimed that an unnamed resident reported gunfire from Cariaga's compound, and Entry No. 00057 dated September 26, 2012, which stated that Cariaga and his companions attended a funeral with firearms visibly tucked in their ...
Case Digest (G.R. No. 223844)
Facts:
Background of the Case:
Petitioner Danilo Calivo Cariaga filed a Complaint Affidavit before the Office of the Provincial Prosecutor (OPP) in Urdaneta City, Pangasinan, accusing respondents Emmanuel D. Sapigao and Ginalyn C. Acosta of Falsification of Public Documents, False Certification, and Slander by Deed under the Revised Penal Code (RPC).Allegations:
Cariaga claimed that respondents, as Barangay Chairman and Secretary of Brgy. Carosucan Sur, Asingan, Pangasinan, made false entries in the barangay blotter. The entries included:- Entry No. 00054 (August 3, 2012): Alleged gunfire from Cariaga’s compound.
- Entry No. 00057 (September 26, 2012): Alleged possession of firearms by Cariaga and his companions during a funeral march.
Consequences of the Blotter Entries:
The police used the blotter entries to obtain a search warrant, leading to the seizure of firearms and ammunition from Cariaga’s property. However, the criminal case against Cariaga for illegal possession of firearms was dismissed.Respondents’ Defense:
- Sapigao denied falsifying the entries, stating they were based on his personal observations and supported by witnesses.
- Acosta claimed she merely certified the blotter entries as part of her duties as Barangay Secretary.
Prosecutorial Findings:
- The OPP dismissed the complaint for lack of probable cause, ruling that the entries were made in good faith and in the performance of official duties.
- The Office of the Regional State Prosecutor (ORSP) affirmed the OPP’s decision, finding no ill motive or intent to defame Cariaga.
Appeal to the Court of Appeals (CA):
Cariaga filed a petition for review before the CA, but it was dismissed for non-exhaustion of administrative remedies, as he failed to elevate the case to the Secretary of Justice (SOJ) before seeking judicial review.
Issue:
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Ruling:
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Ratio:
Exhaustion of Administrative Remedies:
- Under Department Circular No. 70-A, Regional State Prosecutors have final authority to resolve appeals in certain cases, except when the crimes are not cognizable by lower courts.
- For Falsification of Public Documents (cognizable by Regional Trial Courts), Cariaga should have appealed to the SOJ before seeking judicial review. For False Certification and Slander by Deed (cognizable by lower courts), the ORSP’s decision was final.
Lack of Probable Cause:
- The prosecution correctly found no probable cause to charge respondents. The blotter entries were made in good faith, based on personal knowledge, and without intent to defame or dishonor Cariaga.
- Mere authentication of documents does not constitute False Certification, and self-serving allegations cannot overturn positive testimonies.
Judicial Review of Prosecutorial Discretion:
- Courts can only overturn prosecutorial findings if there is grave abuse of discretion, defined as a capricious or whimsical exercise of judgment equivalent to lack of jurisdiction.
- In this case, the prosecutors acted within their authority, and no grave abuse of discretion was found.