REPUBLIC OF THE PHILIPPINES Sandiganbayan Quezon City FIRST DIVISION PEOPLE OF THE PHILIPPINES, Plaintiff, ~ versus - CRIM. CASE NO. 28328 For: Malversation thru Falsification of Public Documents FELIPE KATU CONSTANTINO, MARGIE PURISIMA RUDES, PRESENT: CORNELIO CALLUENG MARTINEZ, JR., EUGENE LAREZA ALZATE, DE LA CRUZ, J. Chairperson LILEBETH LEDRES CANILLO, PONFERRADA, J. HERNANDO LALISAN SIBUGAN, LAGOS, JJ. JUANITO HERMINIA PURISIMA, PYANG LUCAS SINGCONG, Promulgated on MARLIND LOPEZ MARCELO, JAN 30 04 REDEMPTO YAP ABISO, TEODORICO FEDERICO DIAZ, f JESUS HUSAIN DESEDILLA, MARIA DEPOSO CAMANAY, and AMELIA CARMELA CONSTANTINO ZOLETA, Accused. DECISION DE LA CRUZ, J. Accused Cornelio C. Martinez, Jr., Eugene L. Alzate, Lilebeth L. Canillo-Prospero,’ Juanito H. Purisima, Marlind L. Marcelo, Redempto Y. Abiso, Jesus H: Desedilla and Amelia Carmela C. Zoleta stand charged for the complex crime of Malversation thru Falsification of Public Documents, defined: and penalized under Article 217 of the Revised Penal Code, in relation to Article 171, Paragraph 2 and Article 48 of the same Code. Upon sufficient proof of their death the case against Felipe K. Constantino and Pyang L. Singcoy was dismissed in the Court's Order, dated * altnough in the Information, she wes charged as *LILEBETH LEDRES CANILLO.” in the Apposrance/Notice of Seltings (Records, Vol. I, p, 08, and Vol. I, p. 6). the accused signed hner name over the printed name "LELIBETH L. CANILLO-PROSPERO.” " oyDECISION PP vs. Felipe K. Constantino, et al. Crim. Case No. 28328 Page 2 of 33 x x November 14, 2006,? and Order, dated December 13, 2007,5 respectively. In the Order, dated February 24, 2006,‘ the Court Noted the manifestation of Atty. Camilio Carino Dionio, Jr. under his lawyer's oath that accused Margie P. Rudes had already passed away. Accused Teodorico F. Diaz and Maria D. Camanay have been at large to date. The accusatory portion of the Information against the accused reads: That on April 25, 2002 or prior or subsequent thereto in Sarangani, Philippines, and within the jurisdiction of this Honorable Court, accused Felipe Katu Constantino, Vice- Governor of the Province of Sarangani, Margie Purisima Rudes, Board Member, Cornelio Callueng Martinez, Jr., Board Member, Eugene Lareza Alzate, Board Member. Lelibeth Ledres Canillo, Board Member, Hernando Lalizan Sibugan, Board Member, Juanito Herminia Purisima, Board Member, Pyang Lucas Singcoy, Board Member, Marlind Lopez Marcelo, Board Member, Redempto Yap Abiso, Board Member, Teodorico Federico Diaz, Board Member, Jesus Husain Desedilla, Board Member, Maria Deposo Camanay, Provincial Accountant, all high-ranking public officers, and Amelia Carmela Constantino Zoleta, Executive Assistant, all accountable officials of the Provincial Government of Sarangani by reason of their duties, conspiring and confederating with one another, while committing the offense in relation to office, taking advantage of their respective positions, did then and there willfully, unlawfully and feloniously ‘take, convert and misappropriate the amount of FOUR HUNDRED SEVENTY FIVE THOUSAND PESOS (P475,000.00) , Philippine Currency, in public funds under their custody, and for which they are accountable, by falsifying or causing to be falsified the Cortesponding Disbursement Voucher No. 101-2002-4-3497 and its supporting documents, making it appear that financial assistance had been sought by Wenilo Bravo, the alleged Chairman of Sea Angels Aqua Marketing Cooperative of Mabay, Maitum, Sarangani, when in truth and in fact, the accused knew fully well that no financial assistance had been requested by Wenilo Bravo and his association, nor did said Wenilo Bravo and his association receive the aforementioned amount, thereby facilitating the release of the above-mentioned public funds in the amount of FOUR HUNDRED SEVENTY FIVE THOUSAND PESOS (P475,000.00) through the encashment by the accused { Records, Vol. Il, pp. 226-A to 226-6 Fid.,p. 413 ees ”n WyDECISION PP vs. Felipe K. Constantino, et al. Crim. Case No. 28328 Page 3 of 33 x of Check No. 34525 dated April 3, 2002, which amount they subsequently misappropriated to their personal use and benefit, and despite demand, said accused failed to retum the said amount to the damage and prejudice of the government and the public interest in the aforesaid sum, CONTRARY TO LAW. Upon being arraigned, accused Martinez, Jr., Alzate, Canillo- Prospero, Sibugan, Purisima, Marcelo, Abiso and Zoleta separately pleaded “Not Guilty” to the charges against them.® At the pre-trial, the prosecution and the accused stipulated that at all times material to this case, they were public officers and employees, They also agreed that the only issue to be resolved is, whether or not the accused are guilty of the crime charged against them in the information. EVIDENCE FOR THE PROSECUTION The prosecution presented witnesses Helen M. Cailing,” Wenilo A. Bravo,” Mary Ann G. Gadian® and Cenon T. Tesorero,"° whose direct testimonies are summarized below. Helen M. Cailing, State Auditor IV, Commission on Audit (COA) since October 20, 1994 and assigned at the auditing cluster of Sarangani Province in 2002. She testified that as State Auditor IV and leader of the audit team, she examined, audited and post-audited the financial transactions of the Sarangani Province, conducted cash examination of the province’s accountable officers, prepared an audit report, and did special audit investigation assigned to her field. In 2003, she received Office Order No, 2003-032," instructing her to lead a team that would conduct a special audit investigation on the financial grants of the Sarangani provincial © Records Vol. I, pp. 462 and 498; Vol. Il, pp. 113-412 “PT Order, dated June 6, 2006, Record, Vol. Il, p. 120 "TENE, dune 7, 2006, November 16 an 17,2008 TSN, March 21, 2007 ° TSN, July 10, 2007 2 TSN, Apa 21, 2008 ExnR-T We