G.R. Nos. 204978-83 - IGNACIO C. BAYA, VS. THE HONORABLE SANDIGANBAYAN (2ND DIVISION), THE OFFICE OF THE SPECIAL PROSECUTOR, AND THE PEOPLE OF THE PHILIPPINES.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, FOREGOING PREMISES CONSIDERED , this Office after due consideration of the evidence on hand finds the existence of probable cause for the commission of the crimes of Malversation thru Falsification of Public Documents and violation of Sec. 3(e) of RA 3019 against the following respondents: . . . . IGNACIO BAYA, NELITA R. RODRIGUEZ, ALICE B. LIBRE and REX P. TAGO For violation of Sec. 3(e) of R.A. 3019 for causing undue injury to the government thru evident bad faith by collecting the amount of P29,000.00 under [Disbursement Voucher] No. 101-0201-91 and paid under Check No. 75448 and making it appear that the said amount was used for the Aid to the Poor Program and distributed as financial assistance to the poor of Zamboanga Sibugay when no such financial assistance was granted or extended as the alleged recipients/beneficiaries of said assistance were fictitious and non-existent, to the detriment of the government and the people of Zamboanga Sibugay. For violation of Sec. 3(e) of RA 3019 for causing undue injury to the government thru evident bad faith by collecting the amount of P10,000.00 under [Disbursement Voucher] No. 101-0109-363 and paid under Check No. 59463 and making it appear that the said amount was used for the Aid to the Poor Program and distributed as financial assistance to the poor of Zamboanga Sibugay when no such financial assistance was granted or extended as the alleged recipients/beneficiaries of said assistance were fictitious and non-existent, to the detriment of the government and the people of Zamboanga Sibugay. For violation of Sec. 3(e) of RA 3019 for causing undue injury to the government thru evident bad faith by collecting the amount of P21,000.00 under [Disbursement Voucher] No. 101-0201-90 and paid under Check No. 75447 and making it appear that the said amount was used for the Aid to the Poor Program and distributed as financial assistance to the poor of Zamboanga Sibugay when no such financial assistance was granted or extended as the alleged recipients/beneficiaries of said assistance were fictitious and non-existent, to the detriment of the government and the people of Zamboanga Sibugay. For Malversation thru Falsification of Public/Official Document for falsifying the [Brief Social Case Study Report], [Department of Social Welfare and Development] Form 200, and the [Reimbursement Expense Receipt] used as supporting paper to [Disbursement Voucher] No. 101-0201-91 and making it appear therein that there were beneficiaries who were given financial assistance when no such beneficiaries exist, thus enabling respondents to collect and appropriate the aggregate amount of P29,000.00 paid under Check No. 75448 dated 03 January 2002. For Malversation thru Falsification of Public/Official Document for falsifying the [Brief Social Case Study Report], [Department of Social Welfare and Development] Form 200, and the [Reimbursement Expense Receipt] used as supporting paper (to [Disbursement Voucher] No. 101-0109-