G.R. Nos. 206438 and 206458 - CESAR MATAS CAGANG, VS. SANDIGANBAYAN, FIFTH DIVISION, QUEZON CITY; OFFICE OF THE OMBUDSMAN; AND PEOPLE OF THE PHILIPPINES.[G.R. Nos. 210141-42]CESAR MATAS CAGANG, VS. SANDIGANBAYAN, FIFTH DIVISION, QUEZON CITY; OFFICE OF THE OMBUDSMAN; AND PEOPLE OF THE PHILIPPINES. DE

Ruling

accordingly, revised the attached Information. An Information for Malversation through Falsification of Public Documents is also submitted for your Honor's approval considering that no such Information is attached to the records of this case. VIEWED IN THE FOREGOING LIGHT, it is respectfully recommended that, in view of his death, Felipe Constantino no longer be considered as accused in this case and that the attached Informations be approved. [30] Ombudsman Carpio Morales approved the recommendation on October 20, 2011. [31] Thus, on November 17, 2011, Informations [32] for Violation of Section 3(e) of Republic Act No. 3019 and Malversation of Public Funds through Falsification of Public Documents were filed against Cagang, Camanay, Amelia Carmela Constantino Zoleta (Zoleta), Macagcalat, and Mangalen. The Informations read: [For Violation of Section 3(e), Republic Act No. 3019] That on 20 September 2002, or sometime prior or subsequent thereto, in Sarangani, Philippines, and within the jurisdiction of this Honorable Court, accused Provincial Treasurer CESAR MATAS CAGANG, Provincial Accountant MARIA DEPOSO CAMANAY, and Executive Assistant to Vice Governor Felipe Katu Constantino, AMELIA CARMELA CONSTANTINO ZOLETA, and then Vice-Governor and now deceased Felipe Katu Constantino, all of the Provincial Government of Sarangani, committing the offense in relation to the perfom1ance of their duties and functions, taking advantage of their respective official positions, through manifest partiality, evident bad faith or gross inexcusable negligence, conspiring and confederating with Barangay Captain UMBRA ADAM MACAGCALAT and HADJI MONER MANGALEN, the alleged President and Treasurer, respectively of Kamanga Muslim-Christian Fishermen's Cooperative ("Cooperative"), did then and there willfully, unlawfully and feloniously cause the disbursement of the amount of Three Hundred and Fifty Thousand Pesos (P350,000.00) under SARO No. D-98000987 through Development Bank of the Philippines Check No. 282398 dated 20 September 2002 and with HADJI MONER MANGELEN as payee thereof, by falsifying Disbursement Voucher No. 401-200209-148 dated 20 September 2002 and its supporting documents to make it appear that financial assistance was requested and given to the Cooperative, when in truth and in fact, neither was there a request for financial assistance received by the said Cooperative after the check was encashed, as herein accused, conspiring and confederating with each other, did then and there malverse, embezzle, misappropriate and convert to their own personal use and benefit the said amount of P350,000.00 thereby causing undue injury to the government in the aforesaid amount. CONTRARY TO LAW. [For Malversation of Public Funds thru Falsification of Public Documents] That on 20 September 2002, or sometime prior or subsequent thereto, in Sarangani, Philippines, and within the jurisdiction of this Honorable Court, accused Provincial Treasurer CESAR MATAS CAGANG, and now