G.R. Nos. 199284-85 - JOSE S. RAMISCAL, JR., VS. PEOPLE OF THE PHILIPPINES.

Ruling

ACCORDINGLY, in Criminal Case No. 28022, accused 1) Jose Servando Ramiscal, Jr., 2) Meinrado Enrique A. Bello, 3) Manuel Se Satuito, and 4) Perfecto O. Quilicot, Jr., are found guilty beyond a reasonable doubt of the offense committed under [R.A. No.] 3019, Sec. 3(e). They are sentenced to suffer in prison the penalty of six (6) years and one (1) month to ten (10) years. The accused are also directed to pay AFP-RSBS jointly and severally the amount of [P]1,304,104.00. In Criminal Case No. 28023, accused Jose Servando Ramiscal is found guilty beyond a reasonable doubt of the lesser crime of Falsification of Public Documents penalized under the Revised Penal Code, Article 171. He is sentenced to suffer in prison the penalty of two (2) years and four (4) months of prision correccional to six (6) years and eight (8) months of prision mayor and a fine of [P]5,000.00 x x x. For failure of the prosecution to prove the elements of falsification against accused Meinrado Enrique A. Bello, Manuel Se Satuito, and Perfecto O. Quilicot, Jr., they are acquitted of the charges under this case. [28] (Emphasis omitted) As regards the charge of violation of Section 3(e) of R.A. No. 3019, the Sandiganbayan found that all the elements of the crime charged were proven beyond reasonable doubt. In particular, the Sandiganbayan said that petitioners' acts of approving the STF and other documents effecting payment in the amount of P1,531,564.00 per the bilateral deed exhibited their evident bad faith, given that the correct and substantially lower amount was that indicated in the unilateral deed. On the same premise that it is the amount in the unilateral deed which is the true and correct consideration for the purchase of the subject property the Sandiganbayan found Ramiscal, who was the only one among the accused before it who signed the bilateral deed, to have made untruthful statements in a narration of facts. The Sandiganbayan further said that although falsification was not shown to have been committed at the date indicated on the document since it was not proved that Ramiscal drafted the bilateral deed, "falsification attached when accused Ramiscal failed to make rectifications of the false narration." [29] In the assailed Resolution, the Sandiganbayan denied petitioners' respective Motions for Reconsideration. Hence, these consolidated Petitions. On July 24, 2020, counsel for Ramiscal filed before the Court a Notice of Death, [30] attaching thereto a copy of Ramiscal's Certificate of Death [31] with date of death on July 17, 2019. In a Notice [32] dated January 12, 2021, the Court required counsel for Ramiscal to submit a CTC of the Certificate of Death. On March 15, 2021, counsel for Ramiscal filed their Compliance [33] to the Court's Notice. Issues For resolution of the Court is the issue of whether the Sandiganbayan was correct in finding petitioners guilty beyond reasonable doubt of Violation of Section 3(e) of R.A. No. 3019. Towards the resolution of thes