Title
Guillergan vs. People
Case
G.R. No. 185493
Decision Date
Feb 2, 2011
Retired AFP officer convicted of falsifying public documents by instructing payroll alterations, despite being charged with estafa; Supreme Court upheld conviction.

Case Summary (G.R. No. 157451)

Key Dates and Procedural History

Underlying acts occurred in 1987 (preparation and processing of CIAs’ payrolls and related cash advances). AFP Anti‑Graft Board complaint filed April 14, 1989. Ombudsman resolution recommending dismissal dated May 24, 1991; subsequent ombudsman investigator memorandum dated April 21, 1992 recommending charges against Rio; review panel memorandum dated February 11, 1993 affirming the recommendation; Office of the Special Prosecutor recommended filing charges June 20, 1995 and an Information for estafa (Art. 315, par. 2(a)) in relation to Article 171 of the Revised Penal Code (RPC) was filed. Stipulation of facts with motion for judgment submitted January 20, 2006. The Sandiganbayan rendered judgment on June 30, 2008 convicting Guillergan of falsification under Article 172, acquitting others. The Supreme Court reviewed the matter on petition for certiorari and/or review.

Applicable Law and Constitutional Basis

The case was decided under the 1987 Constitution as the governing charter. Penal provisions implicated are in the Revised Penal Code: Article 315(2)(a) (estafa by means of false pretenses or fraudulent acts), Article 171 (falsification by public officer, employee or notary taking advantage of official position), and Article 172 (falsification by private individual and use of falsified documents). The Court also applied standard rules on notice and sufficiency of the Information and deference to Sandiganbayan factual findings.

Factual Findings Relevant to the Offense

Evidence showed that Guillergan directed Seclon to prepare payrolls, time records, and books for civilian intelligence agents (CIAs); he certified names based on appointment papers and those payrolls were approved by Rio. When payrolls were returned for lack of payees’ signatures, Guillergan instructed Butcon to affix his initial in the “Remarks/Sig” column to complete processing. Payrolls for Region 6 for 1987, aggregating P732,000.00, were covered by cash advances payable to Maclang, Jr.; Guillergan received corresponding cash or checks and turned them over to Rio. Appointment papers lacked evidence of acceptance by the alleged agents. The Sandiganbayan concluded that the payrolls, time records, and books were falsified to make it appear that persons participated or received pay when they did not.

Issues Presented

  1. Whether the Sandiganbayan could convict Guillergan of violation of Article 172 (falsification of public documents) under an Information that charged estafa in relation to Article 171; and 2) whether Guillergan was guilty beyond reasonable doubt of falsification of public documents.

Sufficiency of the Information and Charge Substitution

The Court evaluated whether the Information charging estafa in relation to Article 171 nevertheless sufficiently described conduct constituting Article 172. The ruling affirms that an accused may be convicted of an offense other than that charged if the alternative offense is intelligibly and with reasonable certainty described in the Information such that the accused can understand the nature of the accusation and prepare a defense. Here, the Information alleged that Guillergan caused it to appear in public documents that P1,519,000.00 was paid for CIAs’ payroll when in truth the funds were given to Rio, resulting in damage to the government. Those allegations, the Court found, sufficiently described the elements of falsification under Article 172 and provided adequate notice.

Elements of Article 172 and Their Application

Article 172 contemplates falsification in public or official documents committed by private individuals or by public officers who did not take advantage of their position (or use of falsified documents with intent to damage). The Court set out and applied the elements as follows:

  • Status of offender: Guillergan was a public officer (comptroller) at the time of the acts. The Sandiganbayan, however, found that he did not perform the official functions of preparing such appointment papers and payrolls nor had official custody of them; his role was limited to keeping records of resources received by the command. Thus the falsification fell under Article 172’s coverage of public officers who did not take advantage of official position as characterized under Article 171.
  • Act of falsification: The Information alleged and evidence showed that Guillergan caused it to appear that persons had participated or received pay when they did not—specifically by directing Butcon to affix initials in payee spaces, thereby manufacturing signatures and creating the appearance of valid payroll receipts.
  • Nature of documents: The falsified instruments were public/offical documents—time records, books, and payrolls—bringing the conduct squarely within Article 172’s proscription.

Fact‑finding and Reliance on Sandiga

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