G.R. No. 102380 - Acebedo vs. Abesamis

On June 20, 1995, the Office of the Ombudsman indicted petitioner Roberto K. Guillergan for estafa through falsification of public documents.
The indictment was filed before the Sandiganbayan in Criminal Case 22904 and arose from allegations related to the mismanagement of AFP funds.

In 1987, while serving as a Lieutenant Colonel in the Armed Forces of the Philippines (AFP), Guillergan directed Master Sergeant Edna Seclon to prepare payrolls for the civilian intelligence agents (CIAs) complete with supporting documents.
The names of the agents were copied from their appointment papers, which Guillergan certified as correct, and then approved by Brigadier General Domingo T. Rio.
Guillergan repeatedly intervened when payrolls were returned for lacking payee signatures, instructing Technical Sergeant Nemesio H. Butcon to affix his initial in the “Remarks/Sig” column to complete the documents.

The payrolls in Region 6 for 1987, amounting to P732,000.00, were covered by cash advances payable to Captain Roland V. Maclang, Jr., which were processed upon his request.
Guillergan personally received the cash or checks once processed and subsequently turned them over to General Rio.
At the close of 1987, additional funds (P787,000.00) initially designated as “administrative funds” were re-aligned as “intelligence funds” on Rio’s request, further complicating the funds’ trail.

On April 14, 1989, after a complaint by the AFP Anti-Graft Board alleging violations of Articles of War 94 (in relation to Article 217 of the RPC), preliminary investigations commenced.
In May 1991, the Office of the Ombudsman-Visayas issued a resolution recommending the dismissal of the case for lack of merit.
However, a subsequent memorandum in April 1992 recommended filing charges of illegal use of public funds against Rio, with the exoneration of the others, a decision later affirmed by the Office of the Special Prosecutor in February 1993.

Despite earlier resolutions, on June 20, 1995, the Office of the Special Prosecutor recommended filing charges against all the accused, resulting in an Information for estafa under Article 315, paragraph 2(a), in relation to Article 171 of the Revised Penal Code (RPC).
The death of General Rio during the pendency of the case led to his dismissal from the proceedings in the Sandiganbayan.
On January 20, 2006, the parties submitted a stipulation of facts with a motion for judgment which became the basis for subsequent judicial proceedings.

On June 30, 2008, the Sandiganbayan Second Division rendered a judgment finding Guillergan guilty of falsification of public documents under Article 172 of the RPC.
Guillergan was sentenced to imprisonment ranging from a minimum of 2 years and 4 months to a maximum of 4 years, 9 months, and 10 days, while the other accused were acquitted for lack of proof beyond reasonable doubt.

Whether the Sandiganbayan had the authority to convict Guillergan for the violation of Article 172 of the RPC when the Information charged him with estafa under Article 171 of the same code.

Whether the evidence presented proved beyond reasonable doubt that Guillergan committed the crime of falsification of public documents, particularly by causing public records to appear as if individuals participated in actions they did not.