Guillergan v People

Guillergan v People of the Philippines

GR No. 185493, 2 Feb. 2011

Abad, J:

FACTS:

                Petitioner Guillergan, a Lieutenant Colonel in the Armed Forces of the Philippines (AFP), directed Master Sergeant Seclon, Chief Clerk of the Comptrollers Office, to cause the preparation of the payrolls of their civilian intelligence agents with supporting time record and book. Each time the processing unit returned the payrolls for lack of signatures of the payees, Guillergan would direct Technical Sergeant Butcon, the Budget and Fiscal Non-Commissioned Officer, to affix his initial on the Remarks/Sig column of the payrolls to complete the requirements and facilitate the processing of the time record, book, and payrolls.

                Also on Guillergan's instruction, the CIAs' payrolls in Region 6 for 1987 were covered by cash advances payable to Captain Maclang, Jr., which advances were issued upon his request as disbursing officer for that purpose. When ready, Guillergan received the corresponding cash or checks then turned them over to Brigadier General Rio.

                At the end of 1987, Rio further received P787,000.00 in "administrative funds" for the repairs of various facilities. But Rio requested it to be re-aligned to "intelligence funds" in order to facilitate clearing.

                On June 20, 1995, however, the Office of the Special Prosecutor recommended the filing of charges against all the accused before the Sandiganbayan. Consequently, an Information was filed against them for estafa under Article 315, par. 2 (a), in relation to Article 171 of the RPC.

                While the case was pending, Rio died.

                On June 30, 2008, the Sandiganbayan held Guillergan guilty of falsification sentenced him to suffer imprisonment for 2 years and 4 months as minimum to 4 years, 9 months and 10 days as maximum. The court acquitted the other accused on the ground of lack of proof of their guilt beyond reasonable doubt.

ISSUE:

                W/N the accused is guilty of falsification under Art. 172.

HELD:

                Yes. All of the elements of falsification under Art. 172 (1) are present.

• The offender is a private individual or a public officer or employee who did not take advantage of his official position;

Guillergan was the comptroller to the PC/INP Command in Regioin 6.  The Sandiganbayan found that his work as comptroller did not include the preparation of the appointments and payrolls of CIAs, nor did he have custody.

• Committed any of the acts of falsification enumerated in Article 171;

He committed the offense by causing it to appear that persons participated in an act or a proceeding when they did not in fact do so participate.  He ordered Butcon to sign the payrolls as payee to make it appear that persons whose names appeared on the same had signed the document when they in fact did not.

• Committed in a public or official or commercial document.

Committed on the time record, book and payrolls.

                The appointment papers from which these payrolls were based do not reveal any information about the acceptance of the appointments by the agents.  It was stated that the appointment papers of the agents "must" be accompanied by the acceptance of the agents. These papers "should ordinarily" be attached to the payrolls for proper clearing purposes.