Title
Calubaquib y Carbonel vs. Sandiganbayan
Case
G.R. No. L-54272-73
Decision Date
Sep 30, 1982
Two appeals challenged convictions for estafa through falsification of public documents in a ghost repair scheme. Calubaquib was acquitted due to lack of evidence; Molina’s conviction was upheld for gross negligence. The Sandiganbayan’s constitutionality was affirmed.

Case Summary (G.R. No. L-54272-73)

Applicable Law

The relevant law applied is the Revised Penal Code, specifically Articles 315 and 171, which define and penalize the act of estafa committed through the falsification of public documents.

Summary of Events Leading to Charges

The charges stemmed from actions taken during the period surrounding May 30 to June 1, 1977, when a judge reported to the Provincial Treasurer’s Office that funds were ostensibly exhausted due to unnecessary repairs of typewriters in the court. An investigation revealed that there were no such repairs made, leading to allegations of conspiracy and fraud involving the accused, including falsification of various documents such as Purchase Requests and payment vouchers.

Details of the Trial's Findings

The Sandiganbayan found that the accused participated in a conspiracy to defraud the government out of public funds, which culminated in convictions for the two petitioners, who were sentenced to indeterminate imprisonment and fined. The testimonies presented indicated that the accused certified the necessity and completion of repairs for equipment that were never actually in need or received any repair. Various forms of documentation, including Requisition and Issue Vouchers, were falsified.

Petitioner Juan Calubaquib's Defense

Juan Calubaquib contended that he was misled into believing that the repairs had been conducted correctly. He asserted that he participated only in the inspection process after completion of the supposed repairs. He argued that his lack of prior acquaintance with the other accused and the absence of evidence directly linking him to the conspiracy, alongside his lengthy service record unmarred by dishonesty, should lead to his acquittal.

Analysis of the Court's Findings Regarding Calubaquib

The court highlighted that the mere certification by Calubaquib, despite his protestations of being deceived, raised doubts about his claims of innocence, particularly since he was a key official responsible for overseeing the operations. The court concluded that his actions facilitated the continuation of the fraudulent scheme, indicating at least a negligent complicity in the conspiracy.

Petitioner Viriato Molina's Challenges to the Judgement

Viriato Molina raised several constitutional questions—concerning the legality of the creation of the Sandiganbayan, the procedures involved being ex post facto, and violations of equal protection guarantees. The court reiterated established rulings which upheld the constitutional validity of the Sandiganbayan's creation during martial la

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