G.R. No. 230664 - Cosue vs. Ferritz Integrated Development Corp.

The case involves accused-appellant Arnaldo Partisala, together with co-accused such as Municipal Mayor Rene Mondejar, SB Secretary Francisco Tolentino, SB Members Ildefonso Espejo, Margarita Gumapas, Manuel Piolo, Roberto Velasco, and IBC President Helen Edith Lee Tan.
The accused were charged with violation of Section 3(e) of Republic Act No. 3019 (the “Anti-Graft and Corrupt Practices Act”) and with Falsification of Public Documents under Article 171 of the Revised Penal Code (RPC).

On June 16, 1996, the Sangguniang Barangay of Naslo, Maasin, Iloilo, enacted Resolution No. 9 requesting IBC to rechannel the Tigum River so that the barangay would be protected from seasonal flooding.
On June 17, 1996, the Municipal Development Council (MDC) of Maasin, Iloilo City adopted its Resolution No. 9, similarly requesting IBC’s involvement in rechanneling the river and the issuance of an Environmental Clearance Certificate.
On June 21, 1996, during the Regular Session of the Sangguniang Bayan (SB) of Maasin, two resolutions were allegedly deliberated: Resolution No. 30-A endorsed prior resolutions from the Barangay and the MDC, and Resolution No. 30-B authorized then Mayor Rene Mondejar to exercise his emergency powers to negotiate a Memorandum of Agreement (MOA) with IBC.
On June 27, 1996, the Municipality of Maasin entered into an MOA with IBC (through Helen Edith Lee Tan) enabling massive quarrying in exchange for the right to extract surplus sand and gravel, without monetary consideration.

Two competing exhibits were presented regarding the minutes of the June 21, 1996 SB session:

Exhibit “B” (presented by the prosecution) – identified as the personal or draft copy reflecting that Resolution Nos. 30-A and 30-B were not truly deliberated upon.
Exhibit “8” (presented by Partisala) – certified by the then SB Secretary (witness Casco) as the true copy, showing that the resolutions were deliberated, enacted, and approved.

Witnesses Trojillo and Albacete testified that items (specifically items 9 to 12) in Exhibit “8” were not properly discussed or deliberated, thereby casting doubt on its authenticity.
The manipulation in the minutes was alleged to have been done to justify the MOA that granted IBC unwarranted benefits, ultimately disadvantaging the government (particularly the Municipality of Maasin).

The accused were charged in two separate Informations corresponding to the two criminal cases (Nos. 25674 and 25675) for the acts relating to anti-graft practices and falsification of documents.
Partisala, who failed to appear initially, became later apprehended and was tried separately.

On November 7, 2013, the Sandiganbayan rendered a decision convicting Mondejar, Tolentino, Espejo, Gumapas, Piolo, Velasco, and Lee Tan, while Partisala’s case was archived due to his being at large.
Subsequent motions and petitions were filed by some accused; for example, Lee Tan was acquitted on appeal due to failure of the prosecution to prove conspiracy beyond reasonable doubt, and Mondejar’s petition was partially modified.

The prosecution relied on formal exhibits and witness testimonies (including those of Elisa Trojillo, Vicente Albacete, and others) to establish the discrepancies in the minutes.
Partisala admitted his participation in signing Exhibit “8” and sought to introduce evidence (including witness Casco and alternative documentary exhibits) to prove its authenticity.

The contested exhibits (Exhibit “B” and Exhibit “8”) were central to establishing whether the SB actually deliberated on the resolutions.
Additional exhibits, including formal offers and other documentary records, were utilized by both the prosecution and defense.

Witnesses Trojillo and Albacete confirmed that they did not deliberate on or approve the disputed resolutions, and noted discrepancies in the minutes as indicated in Exhibit “8.”
Rebuttal testimonies, including the affidavit of retraction by Trojillo and explanations by Albacete, corroborated the claim of falsification.

Whether the act of authorizing Mayor Mondejar to enter into a Memorandum of Agreement with IBC, through the manipulation or falsification of SB minutes, conferred unwarranted benefits or advantages to IBC and its principal, Helen Edith Lee Tan, thereby violating Section 3(e) of RA 3019.
Whether the participation of Partisala, as a public officer and presiding officer of the SB, in certifying and promoting a falsified record constitutes a breach of his duty to act with complete impartiality and good faith.

Whether Partisala, together with his co-accused, conspired in falsifying the Minutes of the Regular Session of the SB of Maasin, thereby causing the document to falsely appear as if the resolutions (30-A and 30-B) were deliberated and enacted.
Whether the discrepancies between the prosecution’s Exhibit “B” and the defense’s Exhibit “8,” coupled with the testimonies of SB members, establish the element of falsification as defined under Article 171 of the RPC.