Case Digest (G.R. No. 232522)
Facts:
In G.R. Nos. 186329, 186584–86, and 198598, Dr. Frisco M. Malabanan, Program Director of the Ginintuang Masaganang Ani Rice Program of the Department of Agriculture (DA), and Abusama Mangudadatu Alid, Assistant Regional Director of DA Region XII in Cotabato City, sought relief from the Sandiganbayan and later from the Supreme Court. On July 27, 2004, Alid obtained a ₱10,496 cash advance for an official trip originally scheduled from July 28–31, 2004, to attend a DA turnover ceremony and follow up rice program funds. The turnover was postponed, however, and Alid did not travel on those dates. Instead, he flew on Philippine Airlines (PAL) Flight PR 188 from Cotabato to Manila on August 22, 2004, returned on the 24th, and on September 1, 2004, submitted a Post Travel Report falsely indicating travel from July 28–31, 2004. He supported that report with an altered PAL ticket (Changing “22 AUG 2004” to “28 JULY 2004” and “Cotabato” to “Davao”) and an undated Certificate of AppearanceCase Digest (G.R. No. 232522)
Facts:
- Parties and Roles
- Abusama M. Alid (Accused) – Assistant Regional Director, Department of Agriculture (DA), Regional Field Office No. XII, Cotabato City.
- Frisco M. Malabanan (Co-accused) – Program Director, Ginintuang Masaganang Ani Rice Program, DA Field Operations Office, Diliman, Quezon City.
- Travel, Cash Advance and Document Alterations
- On 27 July 2004, Alid obtained a ₱10,496 cash advance for an official trip to attend a DA turnover ceremony and follow up GMA Rice Program funds scheduled for 28–31 July 2004.
- The turnover ceremony was postponed; Alid nonetheless proceeded to Manila on 22 August 2004 (PAL Flight PR 188).
- In preparing his Post Travel Report (1 September 2004), Alid falsely dated the trip to 28–31 July 2004, and submitted:
- A PAL ticket altered from “22 AUG 2004, Cotabato–Manila–Cotabato” to “28 JUL 2004, Davao–Manila–Cotabato.”
- An undated Certificate of Appearance, signed by Malabanan, attesting that Alid appeared in DA Central Office from 28–31 July 2004.
- Charges and Proceedings
- SB-07-CRM-0072 – Falsification of Post Travel Report (Article 171, RPC).
- SB-07-CRM-0073 – Falsification of the PAL ticket (Article 171, RPC).
- SB-07-CRM-0074 – Conspiracy to falsify the Certificate of Appearance (Article 171, RPC).
- The Sandiganbayan granted preventive suspension (90 days) of both accused; their Rule 65 petitions to the Supreme Court challenged this order.
- Sandiganbayan Decision (23 June 2011):
- Acquitted Alid in SB-07-CRM-0072 and SB-07-CRM-0074.
- Convicted Alid in SB-07-CRM-0073 for falsification of a private document (Article 172(2), RPC), sentencing him to 1 year & 1 day to 3 years 6 months & 21 days prision correccional + ₱500 fine.
- Motions for reconsideration denied; Alid filed a Rule 45 petition (G.R. No. 198598) for review of the SB conviction; Malabanan and Alid filed separate Rule 65 petitions (G.R. Nos. 186329, 186584-86) on preventive suspension.
Issues:
- Whether the Rule 65 petitions in G.R. Nos. 186329 and 186584-86 challenging the Sandiganbayan’s preventive suspension order are moot and academic.
- Whether the Sandiganbayan committed reversible error in convicting Alid under Article 172(2), RPC (falsification of a private document), when the Information charged him under Article 171, RPC, and whether the elements of Article 172(2) were properly alleged and proved.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)