Case Digest (G.R. No. 187912-14) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Joey P. Marquez v. Sandiganbayan 5th Division and Office of the Special Prosecutor (G.R. Nos. 187912–14, January 31, 2011), petitioner Joey P. Marquez, former Mayor of Parañaque City and Chairman of its Bids and Awards Committee, and co-respondent Ofelia C. Caunan, Head of the General Services Office, were investigated following a Commission on Audit (COA) special audit for anomalies in the acquisition of thousands of rounds of ammunition between 1996 and 1998. The COA issued Notices of Disallowance for gross overpricing and lack of competitive public bidding. Marquez and Caunan’s appeals with the COA and the Office of the Ombudsman (OMB) were denied, leading to their indictment for violation of Section 3(e) of Republic Act No. 3019. Before the Sandiganbayan Fourth Division, Marquez, alleging that his signatures on disbursement vouchers, purchase requests, and authorizations were forged, filed motions (as early as November 24, 2003) to refer these documents to the National Bu... Case Digest (G.R. No. 187912-14) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- COA audit and administrative proceedings
- The Commission on Audit (COA) Special Audit Team examined selected transactions of Parañaque City (1996–1998) and found that Mayor Joey P. Marquez and Ofelia C. Caunan, without public bidding, procured thousands of overpriced rounds of ammunition from VMY Trading, an unregistered dealer, resulting in Notices of Disallowance.
- Marquez and Caunan sought reconsideration and filed an appeal with COA, all of which were denied.
- Ombudsman investigation and filing of criminal cases
- At the Office of the Ombudsman, Marquez and Caunan filed a Joint Counter Affidavit asserting the propriety of the transactions and noting the pending COA appeal. The Office of the Special Prosecutor (OSP) found probable cause for violation of Section 3(e), R.A. No. 3019, and filed three informations (Criminal Cases Nos. 27903–27905) in the Sandiganbayan 4th Division.
- Before arraignment (November 24, 2003), Marquez moved to refer disbursement vouchers and related documents to the NBI Questioned Documents Section, alleging forged signatures; the OSP denied this request.
- Trial proceedings in Sandiganbayan and motions for document examination
- The prosecution presented five witnesses (including a COA auditor, PNP firearms experts, and a dealer) and documentary exhibits (vouchers, requests, authorizations), formally offered January 13, 2006, and admitted March 22, 2006. Caunan partially testified in her defense.
- Marquez filed an Omnibus Motion (April 1, 2008) before the SB-4th Division seeking the inhibition of Justices Ong and Hernandez and referral of documents to the NBI; the justices inhibited, the case was raffled to the SB-5th Division, and Marquez refiled his Motion to Refer Prosecution’s Evidence for NBI Examination (July 4, 2008). The prosecution opposed.
- The SB-5th Division denied the referral motion (Resolution of February 11, 2009) and denied reconsideration (Resolution of May 20, 2009).
- Petition for certiorari before the Supreme Court
- Marquez filed a petition for certiorari, prohibition, and mandamus under Rule 65, arguing that the SB-5th Division’s denial of his referral motion was a grave abuse of discretion, violated his right to present evidence, and infringed his constitutional rights to due process and equal protection.
Issues:
- Whether the Sandiganbayan 5th Division committed grave abuse of discretion amounting to lack or excess of jurisdiction by denying petitioner’s motion to refer the prosecution’s documentary evidence to the NBI Questioned Documents Section, thereby violating his right to present evidence and his constitutional rights to due process and equal protection.
- Does denial of the referral motion deprive the accused of his right to present evidence and compulsory process?
- Does such denial constitute grave abuse of discretion under Rule 65?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)