RESOLUTION - Sandiganbayansb.judiciary.gov.ph/RESOLUTIONS/2017/H_Crim_SB-10... · prosecution,...
Transcript of RESOLUTION - Sandiganbayansb.judiciary.gov.ph/RESOLUTIONS/2017/H_Crim_SB-10... · prosecution,...
REPUBLIC OF THE PHILIPPINESSANDIGANBAY AN
Quezon City
FIRST DIVISION
PEOPLE OF THE PHILI PINES,Plaintiff,
-versus- S8-10-CRM-0086-0087For: Falsification of Public
Document (Art. 171,paragraph 4 of the RevisedPenal Code and Perjury
DENNIS M. VILLA-IGNACIO,Accused.
Present:
DE LA CRUZ, J., ChairpersonECONG, J. andCALDONA, J.
PROMULGATED:..,
AUG 0 Z 2017 -~
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RESOLUTION
CALOONA, J.:
Before the court for resolution is the Urgent Motion to Dismiss [by
reason of Res Judicata Based on the Decision dated 10 February 2015
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affirmed with Finality by the Supreme Court in G.R. No. 220420] dated May
1, 2017 filed by accused Dennis M. Villa-Ignacio, through counsel, as well
as the Comment/Opposition thereto dated May 1,6, 2017 filed by the
prosecution, through the Office of the Special Prosecutor, which elicited the
Reply dated June 29, 2017.
Accused-movant Villa-Ignacio seeks the dismissal of the instant
criminal cases for falsification of public document and perjury in view of the
Decision of the Court of Appeals dated February 10, 2015 dismissing the
administrative complaint against him for Dishonesty and Conduct
Prejudicial to the Best Interest of the Service, which was affirmed with
finality by the Supreme Court in its Resolution dated December 7, 2015.
According to the accused-movant, the Court of Appeals found the
administrative case wanting in substantial evidence which is the requisite
quantum of proof for charges of that nature. He thus contended that the
instant cases which require a higher quantum of proof, that is, beyond
reasonable doubt, should be dismissed considering that all these charges
arose from his single act alleged to be a clear and deliberate falsehood in
filling out Question No. 24 of his 2005 Judicial and Bar Council (JBC)
Personal Data Sheet (PDS) in connection with his application for the
position of Ombudsman quoted hereunder:
Have you ever been charged with or convicted of or otherwiseimposed a sanction for the violation of any law, decree, ordinanceor regulation by any court, tribunal, or any other government office,agency or instrumentality in the Philippines or any foreign countryor found guilty of an administrative offenses or imposed anyadministrative sanction?
He posited that the Court of Appeals found that the act complained of
does not constitute "betrayal of public trust" as a ground for dismissal as a
special prosecutor as defined in the case of Gonzales vs. Office of the
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President', He further contended that the CA ruling characterized his non-
disclosure in his PDS as "plain error of judgment, where circumstances
indicate that there is good faith and a lack of any attendant bad faith
necessary to constitute betrayal of public trust" which thus negates the
crimes of falsification of public document and perjury. Considering that the
same judgment is already final and executory, the accused-movant
asseverated that the instant criminal cases are dismissible under the
doctrine of res judicata.
For its part, the prosecution countered that res judicata is a doctrine
of civil law and cannot be applied in the instant criminal proceedings.
Furthermore, the administrative case and the criminal case do not involve
the same cause of action which is one of the indispensable elements for
the doctrine to apply. The prosecution likewise maintained that the criminal
case is of an independent nature and the Sandiganbayan must determine
the accused-movant's liability without its hands being tied by what
transpired in the administrative case. Additionally, the prosecution pointed
out that the CA did not categorically rule that accused-movant acted in
good faith when it cited the case of Gonzales but it merely emphasized and
discussed the phrase "betrayal of public trust" as a ground for the dismissal
of a special prosecutor. Thus, whether accused-movant's act or omission
was a plain error of judgment which indicates good faith and lack of bad
faith is a matter to be threshed out when he presents his defense in a full-
blown trial.
In his Reply, the accused-movant contended that the Supreme Court,
In a number of cases, applied the doctrine of res judicata by
conclusiveness of judgment in dismissing criminal cases. He further
I G.R. No. 196231, September 4, 2012
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contended that conclusiveness of judgment does not require identity of
causes of action.
As a general proposition, it is well-entrenched rule that public officials
are under a three-fold responsibility for a violation of their duty or for a
wrongful act or omission, such that they may be held civilly, criminally and
administratively liable for the same act. Administrative liability is thus
separate and distinct from penal and civil liability2. Thus, the dismissal of
the administrative case does not preclude the filing or continuation of the
criminal case against the erring public official.
A circumspect consideration, however, of the decision of the CA in
dismissing the administrative case against herein accused-movant which
was later affirmed by the Supreme Court, leads this Court to depart from
the aforecited general rule. The CA held that the failure of Villa-Ignacio to
disclose in his 2005 PDS the administrative case wherein he was
reprimanded by the Supreme Court on account of his failure to act on a
motion for reconsideration within the reglementary period in a case pending
before his sala while he was an RTC judge does not constitute "betrayal of
public trust". In its decision, it quoted at length the definition of the said
phrase as discussed in the case of Gonzales vs. Office of the President',
VIZ:
While it was deemed broad enough to cover any violation of theoath of office, the impreciseness of its definition also createdapprehension that "such an overarching standard may be too broadand may be subject to abuse and arbitrary exercise by thelegislature." Indeed, the catch-all phrase betrayal of public trustthat referred to "all acts not punishable by statutes as penaloffenses but, nonetheless, render the officer unfit to continue inoffice" could be easily utilized for every conceivable misconduct ornegligence in office. However, deliberating on some workable
Melendres vs Presidential Anti-Graft Commission, et. al., G.R. No. 163859, August 15, 2012,citations omitted.3 Ibid.
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standard by which the ground could be reasonably interpreted, theConstitutional Commission recognized that human error and goodfaith precluded an adverse conclusion:
MR. VILLACORTA: x x x One last matter with respectto the use of the words "betrayal of public trust" asembodying a ground for impeachment that has been raisedby the Honorable Regalado. I am not a lawyer so I cananticipate the difficulties that a layman may encounter inunderstanding this provision and also the possible abusesthat the legislature can commit in interpreting this phrase. Itis to be noted that this ground was also suggested in the1971 Constitutional Convention. A review of the Journals ofthat Convention will show that it was not included; it wasconstrued as encompassing acts which are just short ofbeing criminal but constitute gross faithlessness againstpublic trust, tyrannical abuse of power, inexcusablenegligence of duty, favoritism, and gross exercise ofdiscretionary powers. I understand from the earlierdiscussions that these constitute violations of the oath ofoffice, and also I heard the Honorable Davide say that eventhe criminal acts that were enumerated in the earlier 1973provision on this matter constitute betrayal of public trust aswell. In order to avoid confusion, would it not be clearer tostick to the wording of Section 2 which reads: "may beremoved from office on impeachment for and conviction ofculpable violation of the Constitution, treason, bribery, andother high crimes, graft and corruption or VIOLATION OFHIS OATH OF OFFICE", because if betrayal of public trustencompasses the earlier acts that were enumerated, then itwould behoove us to be equally clear about this lastprovision or phrase.
MR. NOLLEDO: x x x I think we will miss a goldenopportunity if we fail to adopt the words "betrayal of publictrust" in the 1986 Constitution. But I would like him to knowthat we are amenable to any possible amendment. Besides,I think plain error of judgment, where circumstancesmay indicate that there is good faith, to my mind, willnot constitute betrayal of public trust if that statement willallay the fears of difficulty in interpreting the term.
The Constitutional Commission eventually found it reasonablyacceptable for the phrase betrayal of public trust to refer to "[a]ctswhich are just short of being criminal but constitute grossfaithlessness against public trust, tyrannical abuse of power,inexcusable negligence of duty, favoritism, and gross exercise ofdiscretionary powers". In other words, acts that should constitutebetrayal of public trust as to warrant removal from office may be
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less than criminal but must be attended by bad faith and of suchgravity and seriousness as the other grounds for impeachment.
x x x
From the foregoing definition, betrayal of public trust refers to acts
which are just short of being criminal but constitute gross faithlessness
against public trust, among others. Acts that should constitute betrayal of
public trust as to warrant removal from public office "may be less than
criminal but must be attended by bad faith and of such gravity and
seriousness as the other grounds for impeachment".
While the CA did not categorically state that Villa-lqnacio was in good
faith, its express statement that the act complained of does not constitute
betrayal of public trust clearly points towards the conclusion that the act
was not "attended by bad faith" as gleaned from the definition of the
phrase. Stated otherwise, the clear import of the pronouncement of the CA
is its finding that there was no bad faith on the part of Villa-Ignacio to
warrant his dismissal from the service. Too, the CA ruled that he cannot be
meted out the extreme penalty of dismissal considering that the case
concealed was not of a serious nature but one which involved his failure to
resolve a motion within the period prescribed by law for which he was only
reprimanded by the Supreme Court. The CA went on to state that what
mitigated his case was the fact that he mentioned in his PDS all the other
cases filed against him. The absence of bad faith therefore negates the
presence of criminal intent sufficient to sustain the instant charges for
falsification and perjury. In fact, good faith is a defense in falsification of
public documents". Anent the crime of perjury, the element of making a
willful and deliberate assertion of a falsehood is thus considered lacking in
this case. Verily, the elements for such offenses were not met.
4 Layug vs Sandiganbayan, G.R. Nos. 121047-57, August 16, 2000.
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In fine, the CA held that the standard of substantial evidence was not
satisfied and thus dismissed the administrative complaint against herein
accused-movant. It ruled in this wise:
The quantum of proof necessary for the finding of guilt inadministrative cases is substantial evidence. Substantial evidence ,which is more than a mere scintilla but is such relevant evidence asa reasonable mind might accept as adequate to support aconclusion, would suffice to hold one administratively liable. Thestandard of substantial evidence is satisfied when there isreasonable ground to believe that respondent is responsible for themisconduct complained of, even if such evidence might not beoverwhelming or even preponderant. While substantial evidencedoes not necessarily import preponderance of evidence 'as isrequired in an ordinary civil case, or evidence beyond reasonabledoubt as is required in criminal cases, it should be enough for areasonable mind to support a conclusion.
The finding of the CA that the act of the accused in answering
Question No. 24 does not constitute betrayal of public trust which, on the
basis of its given definition, indicates lack of attendant bad faith, is
conclusive upon this court and thus precludes the prosecution of the instant
criminal cases. The case of Constantino vs. Sandiganbayan, et al. 5 cited
by the accused-movant is instructive, thus:
Although the instant case involves a criminal charge whereasConstantino involved an administrative charge, still the findings inthe latter case are binding herein because the same set of facts arethe subject of both cases. What is decisive is that the issuesalready litigated in a final and executory judgment preclude by theprinciple of bar by prior judgment, an aspect of the doctrine of resjudicata, and even under the doctrine of law of the case, the re-litigation of the same issue in another action. It is well establishedthat when a right or fact has been judicially tried and determined bya court of competent jurisdiction, so long as it remains unreversed,it should be conclusive upon the parties and those in privity withthem. The dictum therein laid down became the law of the caseand what was once irrevocably established as the controlling legalrule or decision continues to be binding between the same partiesas long as the facts on which the decision was predicated continue
5 G.R. No. 140656, September 13, 2007,citations omitted.
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to be the facts of the case before the court. Hence, the bindingeffect and enforceability of that dictum can no longer be resurrectedanew since such issue had already been resolved and finally laid torest, if not by the principle of res judicata, at least byconclusiveness of judgment.
It may be true that the basis of administrative liability differs fromcriminal liability as the purpose of administrative proceedings on theone hand is mainly to protect the public service, based on the time-honored principle that a public office is a public trust. On the otherhand, the purpose of the criminal prosecution is the punishment ofthe crime. However, the dismissal by the Court of theadministrative case against Constantino based on the same subjectmatter and after examining the same crucial evidence operated todismiss the criminal case because of the precise finding that the actfrom which liability is anchored does not exist.
It is likewise clear from the decision of the Court in Constantinothat the level of proof required in administrative cases which issubstantial evidence was not mustered therein. The sameevidence is again before the Court in connection with the appeal inthe criminal case. Ineluctably, the same evidence cannot withgreater reason satisfy the higher standard in criminal cases such asthe present case which is evidence beyond reasonable doubt.
Additionally, the court finds merit in the contention of the accused-
movant that the presentation of evidence in the criminal cases at bench
based on the same facts and evidence as that in the administrative case
will be a futile and useless exercise as enunciated in the case of People vs.
Sandiganbayan6 which he cited, viz:
Although the dismissal of the criminal case cannot be pleadedto abate the administrative proceedings primarily on the ground thatthe quantum of proof required to sustain administrative charges issignificantly lower than that necessary for criminal actions, thesame does not hold true if it were the other way around, that is, thedismissal of the administrative case is being invoked to abate thecriminal case. The reason is that the evidence presented in theadministrative case may not necessarily be the same evidence tobe presented in the criminal case. The prosecution is certainly notprecluded from adducing additional evidence to discharge theburden of proof required in the criminal cases. However, if thecriminal case will be prosecuted based on the same facts andevidence as that in the administrative case, and the court trying thelatter already squarely ruled on the absence. of facts and/or
6 G.R. No. 164577, July 5, 2010, citations omitted.
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circumstances sufficient to negate the basis of the criminalindictment, then to still burden the accused to present controvertingevidence despite the failure of the prosecution to present sufficientand competent evidence, will be a futile and useless exercise.
IN LIGHT OF THE FOREGOING, the Urgent Motion to Dismiss filed
by the accused-movant is hereby GRANTED. Accordingly, the criminal
cases for falsification of public document and perjury filed against Dennis
M. Villa-Ignacio are DISMISSED.
The bond posted by the accused for his provisional liberty is ordered
released, subject to the usual accounting and auditing procedures.
The Hold Departure Order (HDO) issued against the accused in
these cases is hereby recalled.
SO ORDERED.
Quezon City, Metro Manila, Philippines
~'<'7lll\4,Ou~L'-_DO M. CALDONA
·---+--I"'\~sociateJustice
WE CONCUR:
EFREN ~)ci.J=LA CRUZAsso~~te Justice
Chairperson
~~~GERALDINE FAITH A. EtONG
Associate Justice