G.R. Nos. 145007-08 - FIDEL AMARILLO, SANCHITO C. CABANA, ANDRES M. MARMOL, ALEXANDER G. SURIL, ROGELIO R. GUERRERO, JESUS L. CAPIENDO, ARTURO P. RUZOL, LORETO G. SURIL AND CAROLINA D. QUERIJERO, VS. THE HONORABLE SANDIGANBAYAN (THIRD DIVISION) AND THE PEOPLE OF THE PHILIPPINES.DECISION - Supreme Co

Ruling

Accordingly, we find sufficient ground to bring the respondents to trial for two counts of estafa through falsification of official documents in violation of Article 315 par. 2(a) in relation to Article 171 of the Revised Penal Code. Wherefore, it is most respectfully recommended that the appropriate information be filed before the Sandiganbayan against Fidel T. Salamera, Fidel C. Amarillo, Sanchito C. Cabana, Andres M. Marmol, Alexander G. Suril, Rogelio R. Guerrero, Jesus L. Capiendo, Arturo P. Ruzol, Loreto G. Suril and Carolina D. Qurijero. SO RESOLVED. [5] The recommendation was approved by the Ombudsman. Consequently, an Information was filed with the Sandiganbayan charging petitioners with estafa through falsification of official documents, docketed as Criminal Case No. 25518. On September 17, 1999, petitioners filed a motion for reconsideration with prior leave of court, with the Office of the Special Prosecutor on the ground that they were not given the chance to answer the affidavits executed by Danay and Eresmas. On December 2, 1999, the Office of the Special Prosecutor recommended the denial of the motion for reconsideration on the ground that no new evidence was discovered which materially affects the resolution, and no errors of law or irregularities were committed prejudicial to the interest of the movant. [6] It also recommended the filing of an additional information with the Sandiganbayan, considering that only one charge was filed despite the approved EPIB finding that there were two counts of estafa committed by petitioners. Likewise, it was observed by the Office of the Special Prosecutor that the information in Criminal Case No. 25518 contained some defects such as (a) the non-inclusion of the phrase committing the offense in relation to office, and (b) failure to state the participation of accused Loreto G. Suril, et al. [7] Hence, the Special Prosecutor recommended the amendment of the information in Criminal Case No. 25518. Accordingly, on February 17, 2000, another information for estafa through falsification of official documents was filed and docketed as Criminal Case No. 25813. The information in Criminal Case No. 25518 was amended to conform to the recommendation of the Office of the Special Prosecutor. On July 4, 2000, petitioners filed a second motion for leave of court to file a motion for reinvestigation on the ground of newly discovered evidence, which consisted of an affidavit executed by Mineo F. Taduyo, administrative officer of IDC, attesting that indeed Mayor Salamera requested IDC in writing to allow Querijero to utilize its heavy equipments for the repair of Pugo and Dyos bridges and that Wilbur Dee, the general manager of the aforesaid company, granted the request in his letter dated January 10, 1996. On August 16, 2000, the Sandiganbayan denied the motion on the ground that a second motion for reinvestigation is prohibited under Republic Act No. 6770. Petitioners moved for reconsideration, but the sam