Sandiganbayan acquits ex-Caloocan officials of falsification

The Sandiganbayan has acquitted two former Caloocan City officials of falsification of public documents, saying the prosecution has failed to prove their guilt beyond reasonable doubt.

In a 29-page decision promulgated on August 11, the Anti-Graft Court acquitted former city accountant Edna Centeno and city budget officer Jesusa Garcia of the charge of violation of Article 171 of the Revised Penal Code.

“After a thorough review of the documentary and testimonial evidence on record, as well as the stipulations between the prosecution and the Defense, the court finds that, in spite of serious efforts, the Prosecution failed to prove beyond reasonable doubt that accused Centeno and Garcia violated Article 171, par. 4, of the R.P.C,” the Court said.

The case stemmed from Garcia and Centeno’s certification of Allotment and Obligation Slip (ALOBS) No. 100-11-12-7212 amounting to P2,432,400 in December 2011 for the renovation and construction of the second floor of the Multi-Purpose Hall despite an alleged lack of a specific or itemized appropriation for the project.

The Court said that though the first element in Falsification of Public Documents is present, the second and third elements are absent.

“Centeno and Garcia did not take advantage of their official positions. It is undisputed that they had the statutory duty in the disbursement of local funds,” the Anti-Graft Court said.

Further, the Court said that the third element is absent as neither made untruthful statements in the narration of facts in the ALOBS when they certified the existence of the appropriation and the allotment of obligation for the project.

According to the Court, the ALOBS passing through several officers before Centeno and Garcia certified it negated the claim that there was falsity in the certification.

“The prosecution claims that conspiracy attended the certifications made by Centeno and Garcia in ALOBS No. 100-11-12-7212… the defense, however, was able to prove that the issuance of the certifications in the ALOBS was part of their duties as budget and accountant of Caloocan City,” it said.

Citing a previous Supreme Court ruling, the Anti-Graft Court said that the mere affixing of a signature or approval in a document does not meet the required quantum of proof to establish the existence of a conspiracy. — BM, GMA News