G.R. No. 164185 - People vs. Sandiganbayan

Alejandro A. Villapando ran for Municipal Mayor of San Vicente, Palawan, in the May 11, 1998 elections and won.
Orlando M. Tiape, a relative of Villapando's wife, ran for Municipal Mayor of Kitcharao, Agusan del Norte, and lost.

On July 1, 1998, Villapando designated Tiape as Municipal Administrator of San Vicente, Palawan.
A Contract of Consultancy was executed on February 8, 1999, appointing Tiape as Municipal Administrative and Development Planning Consultant from January 1 to June 30, 1999, with a monthly salary of P26,953.80.

Solomon B. Maagad and Renato M. Fernandez charged Villapando and Tiape on February 4, 2000, for violation of Article 244 of the Revised Penal Code (unlawful appointment).
The complaint was resolved against both respondents, and an Information was filed on March 19, 2002, before the Sandiganbayan, charging them with unlawful appointment.

Villapando was charged with appointing Tiape as Municipal Administrator despite Tiape being a losing candidate in the May 1998 elections, which allegedly made him ineligible for appointment within one year from the elections.
The case was docketed as Criminal Case No. 27465, Sandiganbayan Fourth Division.

Villapando pleaded not guilty upon arraignment on September 3, 2002.
Case against Tiape was dismissed after proof of Tiape’s death on July 26, 2000.
After prosecution rested, Villapando moved for leave to file demurrer to evidence, initially denied but later allowed to submit it without leave.
Villapando filed Demurrer to Evidence on October 28, 2003.

On May 20, 2004, Sandiganbayan granted the Demurrer to Evidence and acquitted Villapando.
The court held that the one-year prohibition under Section 6, Article IX-B of the Constitution and Section 94(b) of the Local Government Code is a temporary disqualification and not a "legal qualification" under Article 244, which refers to qualifications prescribed by law such as education, civil service eligibility, or experience.
Prosecution failed to prove that Tiape lacked the statutory qualifications for Municipal Administrator under Section 480, Article X of the Local Government Code.

The Office of the Ombudsman filed a petition for certiorari with the Supreme Court assailing the Sandiganbayan’s Resolution.
Villapando was required to comment but failed to do so despite notices, leading the Court to resolve the case on the basis of the petitioner's pleadings alone.

Whether the Sandiganbayan committed grave abuse of discretion amounting to lack or excess of jurisdiction in holding that the "legal disqualification" in Article 244 of the Revised Penal Code does not include the one-year prohibition on appointment of losing candidates under the Constitution and Local Government Code.

Whether the Sandiganbayan acted with grave abuse of discretion amounting to lack or excess of jurisdiction in granting Villapando’s Demurrer to Evidence, thereby acquitting him of the crime of unlawful appointment.