Case Digest (G.R. No. 216007-09)
Facts:
People of the Philippines v. Luzviminda S. Valdez and the Sandiganbayan (Fifth Division), G.R. Nos. 216007-09, December 08, 2015, the Supreme Court En Banc, Peralta, J., writing for the Court.The case arose from a post-audit conducted by two State Auditors of the Commission on Audit (COA) into disbursement vouchers of the Bacolod City Government. The COA auditors prepared a joint affidavit alleging that certain cash slips and official receipts used by then-mayor Luzviminda S. Valdez to claim reimbursement were falsified, producing an alleged aggregate overclaim of P274,306.75. The Public Assistance and Corruption Prevention Office (PACPO) of the Office of the Ombudsman – Visayas received the affidavit and resolved adversely to Valdez, which led to multiple criminal informations.
Valdez was indicted before the Sandiganbayan: four counts for Violation of R.A. No. 3019 (SB-14-CRM-0317 to 0320) and four counts (SB-14-CRM-0321 to 0324) charging the complex crime of Malversation of Public Funds thru Falsification of Official/Public Documents (Articles 217 and 171, in relation to Article 48, Revised Penal Code). The Ombudsman recommended “no bail” for SB-14-CRM-0321, 0322 and 0324. Valdez, who remained at large, filed a Motion to Set Aside No Bail Recommendation and to Fix the Amount of Bail and later an Urgent Supplemental Motion to recall the warrants of arrest; the Office of the Special Prosecutor (representing the People) opposed.
The Sandiganbayan Fifth Division (penned by Justice Gomez-Estoesta) granted Valdez’s motions on October 10, 2014, recalled the earlier orders of arrest for SB-14-CRM-0321, 0322 and 0324, and ordered new arrest orders fixing bail at P200,000 per offense. The People brought a special civil action for certiorari under Rule 65 to the Supreme Court, challenging the San...(Pro-only)
Issues:
- Is the petition for certiorari properly filed notwithstanding the People’s failure to move for reconsideration before the Sandiganbayan?
- Whether an accused charged with the complex crime of Malversation of Public Funds thru Falsification of Official/Public Documents involving an amount in excess of P22,000.00 is entitled to ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
- (Pro-only)