Case Digest (G.R. No. 145927)
Facts:
The case is Simon Fernan, Jr. and Expedito Torrevillas, G.R. No. 145927, August 24, 2007, Supreme Court Second Division, Velasco, Jr., J., writing for the Court. The petition under Rule 45 sought review of a Sandiganbayan (SB) December 4, 1997 Decision (consolidating matters in People v. Rocilo Neis, et al.) that convicted petitioners as co-principals of estafa through falsification of public documents, and of the SB’s August 29, 2000 Resolution denying reconsideration.The prosecutions originated from a massive probe into fraudulent disbursements in the Ministry of Public Highways (MPH), Region VII (Cebu) for 1977–1978. A COA audit and a Special Task Force (FMIB, NBI, Bureau of Treasury, COA) uncovered two sets of Letters of Advice of Allotment (LAAs) — one genuine and another forged — plus fake Cash Disbursement Ceilings (CDCs) and supporting vouchers. The scheme involved splitting allotments to keep single vouchers under P50,000 to avoid higher-level review, charging disbursements to unliquidated obligations of prior years, and monthly journal- voucher adjustments that hid checks actually issued. The fraud implicated dozens of MPH officials and suppliers and resulted in staggering illegal disbursements in the Cebu First Highway Engineering District.
Before the SB, the State presented documentary evidence and testimony, including a Memorandum of Agreement (MOA) whereby Delia Preagido’s prior testimony was adopted as a state witness; Preagido identified the modus operandi, fake LAAs, and lists of recipients. Barangay captains and residents testified there were no corresponding major repairs on the roads; only minor filling with limestone (anapog) was observed. NBI and COA witnesses corroborated falsification of documents and tracing of General Vouchers and checks to suppliers. The SB found petitioners guilty: Fernan, Jr. was convicted in six cases (Criminal Case Nos. 2879, 2880, 2881, 2885, 2914, 2918) and Torrevillas in nine cases (2855, 2856, 2858, 2859, 2909, 2910, 2914, 2919, 2932), with indeterminate penalties and joint indemnity to the Republic for the amounts defrauded. The SB Decision was penned by Associate Justice Cipriano A. Del Rosario with concurrence by Associate Justices Leonardo I. Cruz and German G. Lee, Jr.
Petitioners sought relief before the Supreme Court via a Rule 45 petition, arguing (1) violation of the p...(Subscriber-Only)
Issues:
- Did the Sandiganbayan violate petitioners’ constitutional right to be presumed innocent by improperly shifting the burden of proof to the accused to disprove that the alleged deliveries were ghost deliveries?
- Did the Sandiganbayan err in convicting petitioners as co-conspirators when the prosecution allegedly failed to prove beyond reasonable doubt the facts and circumstances that would ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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