Case Summary (G.R. No. 82197)
Facts and Procedural History
- In June 1975 Jesusa Carreon applied for a clerkship with Mayor Siquian. He directed her to report for work and initiated appointment proceedings.
- On July 1, 1975, Siquian signed Certification of Availability of Funds (CSC Form 203) stating that funds existed for the new clerk position. Carreon took her oath and served July–December 1975 without pay.
- No municipal ordinance or budget for FY 1975-1976 had been enacted; under PD 477 the 1974-1975 budget and plantilla were deemed re-enacted, and they contained no such clerk position or appropriation.
- Carreon filed a complaint in April 1976. Trial court convicted Siquian of falsification of a public document (RPC Art. 171(4)) and imposed an indeterminate penalty and fine. The Court of Appeals affirmed.
Issue
Whether the petitioner, taking advantage of his official position, falsified a public document by certifying the availability of funds for a non-existent position, thereby violating Article 171(4) of the Revised Penal Code.
Applicable Law
- 1973 Constitution (in force 1975)
- Revised Penal Code, Article 171(4): falsification of public documents by making untruthful statements in a narration of facts
- PD No. 477, Sections on deemed re-enactment of prior year’s budget and plantilla
- Revised Administrative Code provisions on budget and council duties
- Civil Service Memorandum Circular No. 5, Series of 1975 (requirement of fund certification)
Analysis – Elements of Falsification (Article 171(4))
- Untruthful Narration of Facts
- The certification stated, “funds for the position are available,” though no ordinance or budget item existed for that clerkship.
- Legal Duty to Disclose Truth
- As the designated signatory of CSC Form 203, the Mayor was legally obliged to verify and truthfully certify the existence of funds.
- Absolute Falsity
- Under the re-enacted 1974–1975 plantilla, the position did not exist and no appropriation was made. There was not even “colorable truth.”
Analysis – Conclusion of Law vs. Fact
- The court held that certifying fund availability is a factual determination—requiring reference to budget records—rather than a legal conclusion. Petitioner’s awareness of the absent position and funds rendered the statement a false narration of fact.
Analysis – Criminal Intent and Good Faith
- Public-document falsification under Article 171 does not require intent to harm or gain from a third party.
- Good-faith defense fails: as presiding officer and signatory of the very budget and plantilla ordinances, Siquian knew they lacked the position and appropriation.
Analysis – Abuse of Official Position
- “Taking advantage of his office” is satisfied by Siquian’s role in preparing and signing the certification essential to Carreon’s appointment.
Analys
Case Syllabus (G.R. No. 82197)
Procedural History
- Information for falsification of public document filed before Branch XX, RTC Cauayan, Isabela by the Second Assistant Provincial Fiscal.
- Manuel L. Siquian pleaded not guilty; trial ensued.
- RTC found him guilty, imposed an indeterminate penalty (5 years, 8 months, 1 day to 7 years of imprisonment) and a fine of ₱3,000.00.
- The Court of Appeals affirmed the RTC decision.
- Petitioner elevated the case to the Supreme Court via petition for review on certiorari.
Charge and Information
- Date and place: On or about July 1, 1975, Municipality of Angadanan, Isabela.
- Accused: Manuel L. Siquian, then Municipal Mayor of Angadanan.
- Offense: Preparation and signing of a false official communication (C.S. Form No. 203) to the Civil Service Commissioner to support the appointment of Jesusa B. Carreon as clerk in the Office of the Municipal Secretary.
- Falsity alleged: Statement that the position existed and funds were available when in fact neither the position nor appropriations existed for FY 1975–1976.
Factual Background
- Jesusa B. Carreon inquired about vacancies, was told by the Mayor to report for work and that she would be included in the budget.
- Carreon appointed as clerk to the Municipal Secretary on July 1, 1975; took oath and began work same day.
- Certification of fund availability (Exh. “C”) prepared and signed by the Mayor, addressed to the CSC.
- Carreon rendered six months of service (July–December 1975) without receiving salary; learned from Municipal Treasurer and Provincial Administrator that no funds existed.
- Municipal Council failed to enact the 1975–1976 budget; by PD No. 477, the 1974–1975 budget was deemed re-enacted.
- The 1974–1975 Plantilla of Personnel contained no item for a clerk in the Office of the Municipal Secretary; existing new clerical positions for Council and