Case Summary (G.R. No. 238660)
Findings of Non-Disclosure
Germar declared only three of seven properties (residential lot, piggery, apartment) without true valuations. He also answered “No” to being formally charged in his 2014 Personal Data Sheet despite a prior robbery information.
Ombudsman Ruling on Probable Cause
The Ombudsman found probable cause to charge Germar with:
- Violation of RA 6713 Section 8 for non-disclosure of six properties in SALNs (2008–2014)
- Perjury under RPC Article 183 for false statements in SALNs (2006–2014) and in the 2014 PDS
It dismissed:
- RA 6713 counts for 2002–2007 and RPC Article 183 counts for 2002–2005 (prescription)
- RPC Article 171 falsification count (statements not “absolutely false”)
- RA 3019 Section 7 and other falsification counts
Issues Brought Before the Supreme Court
- Whether the Ombudsman gravely abused discretion by dismissing Article 171 falsification charges
- Whether counts under RA 6713 (2002–2007) prescribed
- Whether Article 183 perjury counts (2002–2005) prescribed
Elements of RPC Article 171 Falsification
RPC Art. 171 requires:
- Public officer status
- Taking advantage of official position in preparing the document
- Making absolutely false statements
The Court held Germar lacked “advantage of position” over SALNs, which are required of all employees, thus no falsification probable cause.
Prescription Under RA 6713 and Act No. 3326
RA 6713 violations prescribe in eight years (Act 3326, Sec. 1(c)). Prescription runs from the date of commission—here, the date of SALN filing. SALNs are public records available for inspection, negating “blameless ignorance.” Counts for non-disclosure in 2002–2007 SALNs thus prescribed.
Prescription for RPC Article 183 Perjury
Perjury under Art. 183 carries a correctional penalty prescribing in ten years (RPC Art. 90) from discovery (RPC Art. 91). Discovery occurs on SALN filing, which is subject to review. Counts for non-disclosure in 2002–2005 SALNs prescribed after ten years; the lifestyle check and complaint (2015–2016) occurred beyond that period.
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Facts and Antecedents
- Private respondent Clemente del Rosario Germar served as a security guard of the Bureau of Customs from 1 April 1979 until his resignation on 16 October 2015.
- Under Investigation Authority No. 108-2014-9-24BC dated 3 September 2015, the DOF-RIPS conducted a lifestyle check covering Germar’s assets, liabilities, net worth, business interests, and financial connections for 2002–2014.
- The DOF-RIPS compared Germar’s SALNs (2002–2014) with official records from the BIR, LRA, LTO, SEC, and DTI.
- The check revealed Germar failed to declare in his SALNs several real properties registered in his name from 2002 to 2014, and one property donated in 2015 to his daughter Michelle Germar.
- Properties discovered in Germar’s name included:
- TCT No. T-366328 (50 sq.m. Pulong Yantok, Angat)
- TCT No. T-348951 (78 sq.m. apartment and 250 sq.m. lot in Buhangin, Sta. Maria)
- TD No. 2014-24015-12779 (36 sq.m. house and lot in Buhangin, Sta. Maria)
- OCT No. P-9542 P(M) covering:
- 1,363 sq.m. lot, 55.25 sq.m., 48 sq.m., and 20 sq.m. houses in Buhangin, Sta. Maria
- TCT No. T-369909 (65 sq.m. subdivision lot in Buhangin, Sta. Maria)
- TCT No. T-361406 (681 sq.m. subdivision lot in Buhangin, Sta. Maria)
- Two properties were found in Michelle’s name, one donated in 2015:
- OCT No. 9567 P(M) (1,342 sq.m. agri-vacant lot in Buhangin, Sta. Maria)
- TCT No. T-376098 (residential house and lot at KM 38, Buhangin, Sta. Maria)
- Germar declared only three properties in his SALNs (residential property, piggery, apartment) without their actual valuation.
- A prior criminal information for robbery against Germar was provisionally dismissed; Germar nonetheless answered “No” to being formally charged in his 2014 PDS.
Investigation and Complaint before the Ombudsman
- In May 2016, the DOF filed a complaint with the Office of the Ombudsman alleging Germar’s violations of:
- Section 7 of RA 3019 (Anti-Graft and Corrupt Practices Act) and Section 8 of RA 6713 for non-disclosure in his SALNs
- Article 171 (4) of the Revised Penal Code (falsification by a public officer)
- Article 183 of the Revised Penal Code (perjury and false testimony)
- The Ombudsman conducted a preliminary investigation in Case No. OMB-C-C-16-0224.
Ombudsman Resolution and Order
- Resolution dated 15 June