Title
Department of Fice-Revenue Integrity Protection Service vs. Enerio
Case
G.R. No. 238630
Decision Date
May 12, 2021
DOF-RIPS accused BOC employee Enerio of SALN non-filing, falsification, and non-disclosure of GSIS loans. SC upheld Ombudsman’s dismissal, citing prescription and lack of probable cause.
enerio
certiorari
false declarations
A

Case Digest (G.R. No. L-68729)

Facts:

  • Background of the Case
    • The petition is a Petition for Certiorari under Rule 65 of the Rules of Court.
    • The petitioner, the Department of Finance-Revenue Integrity Protection Service (DOF-RIPS), seeks the annulment of two decisions by the Office of the Ombudsman in case OMB-C-C-16-0298:
      • A Resolution dated June 29, 2017.
      • An Order dated January 12, 2018.
    • The ground for annulment is that the Ombudsman committed grave abuse of discretion amounting to lack or excess of jurisdiction by finding no probable cause to charge the respondent for violations under Section 8 of RA 6713 and Section 7 of RA 3019.
  • Factual and Procedural Background
    • Respondent Digno A. Enerio’s Employment and Position
      • Started as Clerk II at the Bureau of Customs (BOC) in 1990.
      • Eventually promoted to Administrative Aide IV at the Customs Intelligence and Investigation Service, with an annual salary of P143,844.00.
    • DOF-RIPS Investigation
      • DOF-RIPS, through its Graft Prevention and Control Officers, initiated a lifestyle check on respondent by examining his assets, liabilities, net worth, business interests, and financial connections during his employment at the BOC.
      • The investigation involved obtaining copies of the Statement of Assets, Liabilities and Net Worth (SALNs) submitted by the respondent for several periods:
        • 1990–1999
ii. 2001–2004 iii. 2006–2014
  • Additional documents were secured from other government agencies such as the Land Registration Authority (LRA), Land Transportation Office (LTO), Philippine National Police Firearms and Explosives Office (PNP-FEO), and the Department of Trade and Industry (DTI) to verify the veracity of the respondent’s declarations.
  • Findings Against the Respondent
    • The comparison of the respondent’s SALNs and other related documents revealed several discrepancies:
      • The respondent’s Personal Data Sheet (PDS) dated May 9, 2014, contained false answers regarding whether he had been formally charged or found guilty of any administrative offense.
ii. The respondent failed to file his SALNs for 2005 and 2009. iii. He did not declare his business interests (in particular, his and his wife’s interest in E&D Graphics, Inc.) and certain liabilities.
  • Criminal and Administrative Charges
    • On July 13, 2016, the DOF-RIPS filed a Joint Complaint-Affidavit before the Ombudsman.
    • Charges included:
      • Violation of Article 171(4) of the Revised Penal Code for falsifying his PDS.
ii. Administrative charges for Abuse of Authority, Grave Misconduct, and Conduct Prejudicial to the Best Interest of the Service (as seen in a previous case decision against respondent). iii. Violations of Section 8 of RA 6713 for non-filing and non-disclosure issues in his SALNs. iv. Violation of Section 7 of RA 3019 regarding failure to disclose GSIS loans.
  • Resolution by the Ombudsman
    • On June 29, 2017, the Ombudsman issued a Resolution affirming probable cause only for a charge of falsification while dismissing charges related to:
      • Failure to file the 2005 SALN, on the ground that the offense had prescribed.
ii. Failure to disclose the 1997 business interest, as the SALN was too old (20 years) and thus prescribed. iii. Alleged offenses concerning the 2009 SALN, as the law penalizes non-filing rather than belated filing. iv. Failure to declare GSIS loans, since such non-disclosure, given the public nature of the information, did not amount to concealment.
  • A subsequent motion for partial reconsideration by DOF-RIPS was denied in an Order dated January 12, 2018.
  • Petition for Certiorari
    • DOF-RIPS brought the present petition challenging the Ombudsman’s resolution on the ground of grave abuse of discretion.

Issues:

  • Main Issue
    • Whether the Ombudsman committed grave abuse of discretion, amounting to lack or excess of jurisdiction, in finding no probable cause to charge the respondent for:
      • Violation of Section 8 of RA 6713, and
      • Violation of Section 7 of RA 3019.
  • Substantive Issues Raised by DOF-RIPS
    • Whether the evidence presented during the preliminary investigation was sufficient to establish probable cause to indict the respondent.
    • Whether the prescription period for the violations (specifically those under RA 6713 and RA 3019) should be reckoned from the discovery of the violations rather than from the date of commission (i.e., the filing of the SALN).
    • Whether, in offenses classified as mala prohibita, malice or criminal intent is irrelevant, making non-disclosure in itself an offense independent of intent.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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