G.R. NO. 156408 - ANDRES S. SUERO, VS. PEOPLE OF THE PHILIPPINES, REPRESENTED BY THE OFFICE OF THE OMBUDSMAN-MINDANAO; THE CITY PROSECUTION OFFICE OF DAVAO CITY; AND HON. EMMANUEL C. CARPIO, IN HIS CAPACITY AS JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 16, DAVAO CITY.

Ruling

Accordingly, the motion to quash the information is denied for lack of merit. [4] The Facts The undisputed facts, as narrated by petitioner, are as follows: The herein [p]etitioner was earlier accused, together with another accused [Aquilina B. Granada], of the crime of Falsification of Public Document, defined and penalized under Article 171 of the Revise[d] Penal Code, per Information dated November 7, 1996, signed by Marco Anacleto P. Bueno, Graft Investigation Officer I, Office of the Ombudsman for Mindanao, Davao City, committed as follows, to wit: That on or about February 12, 1992 or sometime prior or subsequent thereto, in the City of Davao, Philippines and within the jurisdiction of this Honorable Court, the above-named accused-public officers, being then the Administrative Officer and Property Inspector, respectively, of the Department of Education, Culture and Sports (DECS), Region XI, Davao City, with salary grades below grade 27, while in the performance of their official duties, and taking advantage of their official positions, in conspiracy with one another, did then and there, willfully, unlawfully and feloniously falsify or cause to be falsified an undated Inspection Report affixing their signatures thereto, making it appear that various furniture purchase[d] from, and delivered by Business International Wood Products under Delivery Receipt Nos. 9758, 9759, 9760 and 9761, in the total amount of P1,033,450.00, have all been delivered and duly inspected, thereby justifying the release of the payment to Business International Wood Products in the aforesaid amount, when in truth and in [f]act, no such complete delivery was made and inspected, to the damage and prejudice of the government. CONTRARY TO LAW. which case was docketed as Criminal Case [N]o. 38552-97 before the Regional Trial Court, Branch 16, Davao City x x x. Thereafter, herein [p]etitioner was arraigned sometime on June 20, 1997. The RESPONDENT CITY PROSECUTOR commenced the trial on the merits in Criminal Case [N]o. 38552-97 against the herein [p]etitioner, but the trial was later suspended when the Court a Quo granted the Joint Motion to Suspend further Proceedings, filed jointly by the Accused and RESPONDENT OMBUDSMAN through Special Prosecutor Humphrey Monteroso and Special Prosecutor Leonardo P. Tamayo x x x. The basic reason for the joint motion to suspend further proceedings in Criminal Case [N]o. 38552-97 is and we quote the pertinent portion of the Order dated September 1, 1998: Asst. City Prosecutor Emilio Dayanghirang III interpose[d] no opposition to the motion of the accused Andres Suero and Special Prosecutor Humphrey Monteroso and Leonardo P. Tamayo, for the prosecution to suspend further proceeding in the instant case on the trial on the merits and to allow the Sandiganbayan to proceed with the hearing of the [sic] Criminal Case No. 23518 pending trial before it on the ground that the two accused in the instant case charged for falsification of a