G.R. No. 186732 - ALPS Transportation vs. Rodriguez

Dominador G. Marzan (Marzan), Senior Jail Officer 3 (SJO3) of the Bureau of Jail Management and Penology (BJMP), Solano, Nueva Vizcaya, was charged alongside Atty. Basilio Pascual Rupisan (Atty. Rupisan), Provincial Legal Officer of Nueva Vizcaya, for violation of Section 3(a) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).
The Information dated October 19, 2005, alleged that on or about May 21, 2001, Atty. Rupisan, abusing his authority as a public officer, persuaded and induced Marzan to release from detention without court order Cyrus Dulay (Cyrus) and Wendell Pascua (Pascua), who were legally held following their arrest in flagrante delicto and commitment order by the Municipal Trial Judge (MTJ).
The release was done via a recognizance document signed by Atty. Rupisan but without proper court approval and contrary to existing laws and BJMP regulations. This caused prejudice to the private complainant, Dennis F. Butic, and the government.

Arrest warrants and hold departure orders were issued on December 19, 2005. Both accused surrendered and posted cash bonds.
Both pleaded not guilty upon arraignment.
During pre-trial, it was stipulated that: (i) Atty. Rupisan issued the recognizance for the release of Cyrus and Pascua; (ii) Marzan released them based on said recognizance; and (iii) Cyrus and Pascua returned to Solano District Jail on May 23, 2001.

Incident leading to arrest: On May 19, 2001, Cyrus, Pascua, and Maximino Pascua were apprehended after a violent altercation resulting in injury to Dennis F. Butic.
A frustrated homicide complaint was filed against Cyrus and Pascua before the Municipal Trial Court (MTC) of Bayombong.
The MTC issued a commitment order for Cyrus and Pascua to be detained at Solano District Jail; custody was received by Jail Officer Mando Liwliw.
That same day, despite this lawful detention, Cyrus and Pascua were released at 4:00 p.m. on recognizance issued by Atty. Rupisan and with Marzan’s consent but without a valid court order, violating BJMP Manual rules.
Jail Chief Inspector Alberto Tapiru, Jr. ordered Marzan to re-arrest the detainees following notice that they were released unlawfully.

Marzan claimed he released the detainees per instruction of his superior, Renato Goyo, based on a recognizance and an unsigned commitment order shown to him.
Atty. Rupisan claimed that he was approached by Ciriaco Dulay (father of Cyrus), who requested Cyrus’s release; subsequently, Rupisan signed a recognizance document purportedly facilitating the release.

Atty. Rupisan’s demurrer to evidence was denied by the Sandiganbayan.
On January 25, 2016, the Sandiganbayan found both Marzan and Rupisan guilty beyond reasonable doubt of violating Section 3(a) of RA 3019, sentencing each to an indeterminate prison term of six years and one month to ten years, and perpetual disqualification from public office.
Motions for reconsideration were denied.
Marzan filed a Petition for Review on Certiorari.

Whether or not the Sandiganbayan gravely erred in convicting Marzan despite the alleged failure of the prosecution to prove all the elements of Section 3(a) of RA 3019 beyond reasonable doubt.