G.R. No. 201917 - ZENAIDA P. MAAMO AND JULIET O. SILOR, VS. PEOPLE OF THE PHILIPPINES.DECISION - Supreme Court E-Library

Ruling

Accordingly, nine (9) separate informations were filed before the SB, which are summarized below: [12] Criminal Case No. Period Covered Description Person Paid 27117 July 1-15, 1997 P880.00 for labor, clearing, and vegetation control at highway No name on the Time Book and Payroll but with signature 27118 September 16-30, 1997 P1,760.00 for labor, ring weeding of Municipal Tree Park & Orchard Unnamed person and Monico Marqueda (alleged to have died on January 29, 1997) and reflected in Nos. 8 and 1 of the Time Book and Payroll 27119 November 17-28, 1997 P3,520.00 for labor for the maintenance of the Municipal Tree Park No names on the Payroll but with signatures (several laborers as reflected in Nos. 1, 2, 3, & 4, of the Time Book and Payroll) 27120 January 2-15, 1998 P800.00 for labor for the maintenance of the Municipal Tree Park Monico Marqueda (alleged to have died on January 29, 1997) 27121 January 16-31, 1998 P800.00 for labor for the maintenance of the Municipal Tree Park Monico Marqueda (alleged to have died on January 29, 1997) 27122 February 1-15, 1998 P800.00 for labor, for the maintenance of the Municipal Tree Park Monico Marqueda (alleged to have died on January 29, 1997) 27123 February 16-27, 1998 P800.00 for labor for the maintenance of Municipal Tree Park Monico Marqueda (alleged to have died on January 29, 1997) 27124 February 16-28, 1998 P1,600.00 for labor for the maintenance of Gud-an to Cagbungalon Road and San Isidro to Gud-an Agaton Pastira Goltea (alleged to have died on January 1, 1998) 27125 March 1-13, 1998 P800.00 for labor for maintenance of Municipal Tree Park Monico Marqueda (alleged to have died on January 29, 1997) Aggrieved, Petitioners filed an Urgent Motion for Leave to Pursue Motion for Reconsideration Before the Office of the Ombudsman and to Defer Arraignment of Accused dated March 11, 2002, [13] which was granted by the OMB in a Resolution dated June 25, 2002. [14] After conducting a reinvestigation, the OMB merely reaffirmed its Resolution dated September 26, 2001, [15] as follows: CONCLUDING, the undersigned confirms the sufficiency of evidence to warrant the finding that herein accused are probably guilty of the crime of Malversation thru falsification of public documents. WHEREFORE, finding no ground to reverse, modify or alter the previous resolution which found probable cause against herein accused for the commission of nine (9) counts of the crime of Malversation thru falsification of public document, it is recommended that all the instant nine (9) criminal cases be sustained, affirmed and prosecuted. [16] Proceedings before the SB The prosecution of the nine (9) criminal cases thereafter ensued. The evidence for both parties, as summarized by the SB in the questioned Decision, [17] are as follows: I. EVIDENCE FOR THE PROSECUTION The first witness to testify for the Prosecution was Oscar D. Balompo . His testimony is offered as proof that the Municipal Tree Park claimed to be maintained by the Munici