EN BANC
G.R. Nos. 216007-09, December 08, 2015
PEOPLE OF THE PHILIPPINES, Petitioner, v. LUZVIMINDA S. VALDEZ AND THE SANDIGANBAYAN (FIFTH DIVISION), Respondent.
D E C I S I O N
PERALTA, J.:
This special civil action for certiorari under Rule 65 of the Rules of Court (Rules) seeks to nullify and set aside the October 10, 2014 Resolution1 of public respondent Sandiganbayan Fifth Division, the dispositive portion of which states:
WHEREFORE, the (i) Motion to Set Aside No Bail Recommendation and to Fix the Amount of Bail and the (ii) Urgent Supplemental Motion to the Motion to Set Aside No Bail Recommendation and to Fix the Amount of Bail with Additional Prayer to Recall/List Warrant of Arrest filed by accused Luzviminda S. Valdez, are GRANTED.The case stemmed from the Joint Affidavit3 executed by Sheila S. Velmonte-Portal and Mylene T. Romero, both State Auditors of the Commission on Audit Region VI in Pavia, Iloilo, who conducted a post-audit of the disbursement vouchers (D.V.) of the Bacolod City Government. Among the subjects thereof were the reimbursements of expenses of private respondent Luzviminda S. Valdez (Valdez), a former mayor of Bacolod City, particularly:
Let the Order of Arrest issued in Criminal Case Nos. SB-14-CRM-0321, 0322 and 0324 adopting the "no bail" recommendation of the Office of the Ombudsman be RECALLED. Instead, let an Order of arrest in said cases be issued anew, this time, fixing the bail for each offense charged in the amount of Two Hundred Thousand Pesos (P200,000.00).
SO ORDERED.2ChanRoblesVirtualawlibrary
(a) where the order is a patent nullity, as where the court a quo has no jurisdiction;The issue being raised here is one purely of law and all the argument, pros and cons were already raised in and passed upon by public respondent; thus, filing a motion for reconsideration would be an exercise in futility. Likewise, as petitioner claims, the resolution of the question raised in this case is of urgent necessity considering its implications on similar cases filed and pending before the Sandiganbayan. As it appears, there have been conflicting views on the matter such that the different divisions of the anti-graft court issue varying resolutions. Undeniably, the issue is of extreme importance affecting public interest. It involves not just the right of the State to prosecute criminal offenders but, more importantly, the constitutional right of the accused to bail.
(b) where the questions raised in the certiorari proceedings have been duly raised and passed upon by the lower court, or are the same as those raised and passed upon in the lower court;
(c) where there is an urgent necessity for the resolution of the question and any further delay would prejudice the interests of the Government or of the petitioner or the subject matter of the petition is perishable;
(d) where, under the circumstances, a motion for reconsideration would be useless;
(e) where petitioner was deprived of due process and there is extreme urgency for relief;
(f) where, in a criminal case, relief from an order of arrest is urgent and the granting of such relief by the trial court is improbable;
(g) where the proceedings in the lower court are a nullity for lack of due process;
(h) where the proceeding was ex parte or in which the petitioner had no opportunity to object; and,
(i) where the issue raised is one purely of law or public interest is involved.13ChanRoblesVirtualawlibrary
SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.22ChanRoblesVirtualawlibraryPursuant thereto, Sections 4 and 7, Rule 114 of the Revised Rules of Criminal Procedure provide:
SEC. 4. Bail, a matter of right; exception. - All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognizance as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment. (4a)The pivotal question is: How should We construe the term "punishable" under the provisions above-quoted?
SEC. 7. Capital offense of an offense punishable by reclusion perpetua or life imprisonment, not bailable. - No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the criminal prosecution. (7a)23ChanRoblesVirtualawlibrary
The RPC provides for an initial penalty as a general prescription for the felonies defined therein which consists of a range of period of time. This is what is referred to as the "prescribed penalty." For instance, under Article 249 of the RPC, the prescribed penalty for homicide is reclusion temporal which ranges from 12 years and 1 day to 20 years of imprisonment. Further, the Code provides for attending or modifying circumstances which when present in the commission of a felony affects the computation of the penalty to be imposed on a convict. This penalty, as thus modified, is referred to as the "imposable penalty." In the case of homicide which is committed with one ordinary aggravating circumstance and no mitigating circumstances, the imposable penalty under the RPC shall be the prescribed penalty in its maximum period. From this imposable penalty, the court chooses a single fixed penalty (also called a straight penalty) which is the "penalty actually imposed" on a convict, i.e., the prison term he has to serve.25ChanRoblesVirtualawlibraryPetitioner contends that the imposable penalty is the one provided by the RPC before conviction to determine whether the charge is bailable or not, while the penalty actually imposed pertains to the prison sentence upon conviction.26 Hence, it is maintained that the penalty imposable for the offense charged against private respondent is reclusion perpetua, which makes Criminal Case Nos. SB-14-CRM-0321, 0322 and 0324 non-bailable.
If the complex crime of Malversation thru Falsification be imposed in its maximum period, there is no doubt that, in case of conviction, the penalty to be imposed is reclusion perpetua. The cases, however, are still at their inception. Criminal proceedings are yet to ensue. This is not the proper time, therefore, to call for the application of the penalty contemplated under Article 48 by imposing the same in its maximum period.Indeed, the trial is yet to proceed and the prosecution must still prove the guilt of the accused beyond reasonable doubt. It is not amiss to point that in charging a complex crime, the information should allege each element of the complex offense with the same precision as if the two (2) constituent offenses were the subject of separate prosecutions.31 Where a complex crime is charged and the evidence fails to support the charge as to one of the component offenses, the defendant can be convicted of the offense proven.32
For purposes of determining whether a person can be admitted to bail as a matter of right, it is the imposable penalty prescribed by law for the crime charged which should be considered and, not the penalty to be actually imposed. Illustrative cases such as Catiis v. Court of Appeals, et al. and People v. Hu Ruey Chun evidently confirm this to be so.
x x x x
In both cases, therefore, it is the penalty imposable for the offense charged that was considered for purposes of bail.
A circumspect reading of substantive law validates this view. Section 13, Article III of the Constitution provides that: x x x x
On the other hand, Section 4, Rule 114 of the Revised Rules of Court, as amended, provides:chanRoblesvirtualLawlibrary
x x x x
Notably, the word used is ["punishable,"] which practically bears the same meaning as "imposable." It is only logical that the reference has a direct correlation with the time frame "before conviction" since trial is yet to begin; hence, it can only be the penalty imposable of the offense charged that can be considered for purposes of bail.
In these cases, the offenses charged are the complex crimes of Malversation of Public Funds thru Falsification of Official/Public Documents. In determining the penalty imposable, it is the penalty for the most serious crime which is considered. Between Malversation and Falsification, it is Malversation which provides the graver penalty. As thus provided under Article 217 of the Revised Penal Code, "[i]f the amount exceeds the latter, the penalty shall be reclusion temporal in its maximum period to reclusion perpetua."
The penalty, however, cannot be immediately applied in its maximum period, or reclusion perpetua, since this will already consider the application of the penalty in the event of a conviction.
A clear perusal of Article 48 of the Revised Penal Code states:chanRoblesvirtualLawlibrary
x x x x
The word used is "imposed," not imposable. Thus, the reference can only point to the time when a judgment of conviction is impending. If and when "the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period," is thus applied in the proper application of the penalty to be imposed on the accused. Certainly, this cannot be considered for purposes of bail.30ChanRoblesVirtualawlibrary
Intimately related to the in dubio pro reo principle is the rule of lenity. The rule applies when the court is faced with two possible interpretations of a penal statute, one that is prejudicial to the accused and another that is favorable to him. The rule calls for the adoption of an interpretation which is more lenient to the accused.37ChanRoblesVirtualawlibraryThe time-honored principle is that penal statutes are construed strictly against the State and liberally in favor of the accused.38 When there is doubt on the interpretation of criminal laws, all must be resolved in favor of the accused.39 Since penal laws should not be applied mechanically, the Court must determine whether their application is consistent with the purpose and reason of the law.40
Endnotes:
1 Penned by Associate Justice Ma. Theresa Dolores C. Gomez-Estoesta, with Associate Justices Roland B. Jurado and Alexander G. Gesmundo, concurring; rollo, pp. 30-40.
2Id. at 40.
3Id. at 41-43.
4Id. at 41.
5 Art. 217. Malversation of Public Funds or Property; Presumption of Malversation. - Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same or shall take or misappropriate or shall consent, through abandonment or negligence, shall permit any other person to take such public funds, or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or property, shall suffer:chanRoblesvirtualLawlibrary
1. The penalty of prision correccional in its medium and maximum periods, if the amount involved in the misappropriation or malversation does not exceed two hundred pesos.
2. The penalty of prision mayor in its minimum and medium periods, if the amount involved is more than two hundred pesos but does not exceed six thousand pesos.
3. The penalty of prision mayor in its maximum period to reclusion temporal in its minimum period, if the amount involved is more than six thousand pesos but is less than twelve thousand pesos.
4. The penalty of reclusion temporal, in its medium and maximum periods, if the amount involved is more than twelve thousand pesos but is less than twenty-two thousand pesos. If the amount exceeds the latter, the penalty shall be reclusion temporal in its maximum period to reclusion perpetua.
In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the property embezzled.
The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use. (As amended by RA 1060)
6 Art. 171. Falsification by Public Officer, Employee or Notary or Ecclesiastic Minister. —The penalty of prision mayor and a fine not to exceed 5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts:The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses enumerated in the preceding paragraphs of this article, with respect to any record or document of such character that its falsification may affect the civil status of persons.
- Counterfeiting or imitating any handwriting, signature or rubric;
- Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;
- Attributing to persons who have participated in any act or proceeding statements other than those in fact made by them;
- Making untruthful statements in a narration of facts;
- Altering true dates;
- Making any alteration or intercalation in a genuine document which changes its meaning;
- Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or
- Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.
7 Art. 48. Penalty for complex crimes. - When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.
8 Rollo, pp. 44-51.
9Id. at 52-56.
10Id. at 57-59.
11Id. at 60-63.
12Id. at 64-74.
13Republic v. Lazo, G.R. No. 195594, September 29, 2014, 737 SCRA 1, 18-19.
14 G.R. Nos. 206194-206207, July 3, 2013, Third Division Resolution.
15 600 Phil. 186 (2009).
16 223 Phil. 23 (1985).
17 513 Phil. 1 (2005).
18 577 Phil. 441 (2008).
19 G.R. No. 176317, July 23, 2014, 730 SCRA 438.
20 REVISED PENAL CODE, Art. 217.
21 REVISED PENAL CODE, Art. 171.
22Emphasis supplied.
23Emphasis supplied.
24 594 Phil. 680, 717-718 (2008).
25Id.
26Rollo, p.19.
27 The duration of reclusion temporal in its maximum period to reclusion perpetua is 17 years, 4 months and 1 day to reclusion perpetua: The minimum period is 17 years, 4 months and 1 day to 18 years and 8 months; the medium period is 18 years, 8 months and 1 day to 20 years; and the maximum period is reclusion perpetua. (See Zafra v. People, supra note 19, at 456).
28 See REVISED PENAL CODE, Art. 64 (3).
29 The ISL is not applicable since the proper imposable penalty to be imposed upon the accused is already reclusion perpetua. (See Zafra v. People, supra note 19, at 458).
30Rollo, pp. 34-37.
31 See People v. Bulalayao, G.R. No. 103497, February 23, 1994, 230 SCRA 232, 240.
32People v. Bulalayao, supra.
33 AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL CODE, AS AMENDED, OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES, dated December 13, 1993.
34 AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER, dated July 12, 1991.
35 ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL CODE, AS AMENDED, OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES, dated December 13, 1993.
36AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES, dated June 24, 2006.
37Intestate Estate of Manolita Gonzales Vda. de Carungcong v. People et al., 626 Phil. 177 200 (2010).
38Tan v. Philippine Commercial International Bank, 575 Phil. 485, 497 (2008); People v. Temporada, supra note 24, at 735; Maj. Gen. Garcia (Ret.) v. The Executive Secretary, et al., 692 Phil. 114, 142 (2012); and Renato M. David v. Editha A. Agbay, G.R. No. 199113, March 18, 2015.
39Villareal v. People, 680 Phil. 527, 600 (2012).
40Tan v. Philippine Commercial International Bank, supra note 38, at 497.
41 520 Phil. 907 (2006).
42 See Renato M. David v. Editha A. Agbay, G.R. No. 199113, March 18, 2015, citing Miranda v. Tuliao, 520 Phil. 907, 919 (2006).cralawlawlibraryDISSENTING OPINIONVILLARAMA, JR., J.:
Before us is a petition for certiorari under Rule 65 filed by the People of the Philippines, represented by the Office of the Special Prosecutor, Office of the Ombudsman (OMB), assailing the Resolution1 dated October 10, 2014 of the Sandiganbayan's Fifth Division in Criminal Case Nos. SB-14-CRM-0321, SB-14-CRM-0322 and SB-14-CRM-0324 entitled "People of the Philippines, plaintiff, versus Luzviminda S. Valdez, accused."
Respondent Luzviminda S. Valdez (Valdez) is a former Mayor of Bacolod City. During a post-audit of disbursement vouchers of the City Government of Bacolod, the Commission on Audit found that the Cash Slips used for the reimbursement of expenses of Valdez under Disbursement Voucher Nos. 6, 220, 278 and 325 totalling P279,150.00 were falsified and that the actual amount due to her was only P4,843.25.2
Subsequently, Valdez was indicted for three (3) counts of Malversation of Public Funds thru Falsification of Public Documents under Article 217, in relation to Article 171, paragraph 6, of the Revised Penal Code, as amended. An Order of Arrest was issued by the Sandiganbayan. However, Valdez remains at large and yet caused the filing of a Motion to Set Aside No Bail Recommendation and To Fix the Amount of Bail,3 arguing that since there are no aggravating or mitigating circumstances alleged in the Informations, the maximum of the indeterminate sentence shall be taken from the medium period, or from 18 years, 8 months and 1 day to 20 years, an imposable penalty which is bailable. She further emphasized that it is oppressive especially for the woman accused, to be jailed at this stage while she is presumed innocent.
In its Comment/Opposition,4 the Office of the Special Prosecutor argued that the Indeterminate Sentence Law cannot be invoked by Valdez because reclusion perpetua is an indivisible penalty. It further asserted that since bail is discretionary in this case, the court cannot dispense with the requirement of a hearing.
Valdez also filed an Urgent Supplemental Motion5 with the additional prayer for the recall/lifting of the warrants of arrest pending resolution of her motion to set aside the "No Bail" recommendation of the OMB and to fix the amount of bail.
On October 10, 2014, the Sandiganbayan issued the assailed Resolution granting Valdez's motion, as follows:WHEREFORE, the (i) Motion to Set Aside No Bail Recommendation and to Fix the Amount of Bail and the (ii) Urgent Supplemental Motion to the Motion to Set Aside No Bail Recommendation and to Fix the Amount of Bail with Additional Prayer to Recall/Li[f]t Warrant of Arrest filed by accused Luzvimi[n]da S. Valdez, are GRANTED.In ruling that Valdez is entitled to bail, the Sandiganbayan explained that in determining whether a person can be admitted to bail as a matter of right, it is the imposable penalty prescribed by law for the crime charged which should be considered and not the penalty to be actually imposed. Thus, it held that the penalty imposable for malversation cannot be immediately applied in its maximum period (reclusion perpetua) when the case is still at its inception since this will already consider the application of the penalty in the event of conviction.
Let the Order of Arrest issued in Criminal Case Nos. SB-14-CRM-0321, 0322 and 0324 adopting the "no bail" recommendation of the Office of the Ombudsman be RECALLED. Instead, let an Order of arrest in said cases be issued anew, this time, fixing the bail for each offense charged in the amount of Two Hundred Thousand Pesos (P200,000.00).
SO ORDERED.6ChanRoblesVirtualawlibrary
Hence, this petition raising the sole issue of whether malversation thru falsification of public documents is a bailable offense.
First, we address the procedural flaw pointed out by Valdez as to the failure of the Office of the Special Prosecutor to comply with the requirement of a motion for reconsideration prior to the filing of the present petition.
The well-established rule is that a motion for reconsideration is an indispensable condition before an aggrieved party can resort to the special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended.7 However, the rule is not absolute and admits of exceptions entrenched in our jurisprudence:The general rule is that a motion for reconsideration is a condition sine qua non before a petition for certiorari may lie, its purpose being to grant an opportunity for the court a quo to correct any error attributed to it by re-examination of the legal and factual circumstances of the case. There are, however, recognized exceptions permitting a resort to the special civil action for certiorari without first filing a motion for reconsideration. In the case of Domdom v. Sandiganbayan, it was written:Here, we recognize the presence of two exceptions, as underscored above. Records confirm that the Sandiganbayan has categorically ruled that Valdez is entitled to bail as a matter of right and forthwith recalled the order of arrest it had issued. Also, the petition undeniably raised a lone question of law: whether an accused charged with malversation thru falsification of public documents may apply for bail. Petitioner is thus allowed by the Rules to file the present certiorari petition even if it had not first moved for reconsideration of the assailed resolution.The rule is, however, circumscribed by well-defined exceptions, such as where the order is a patent nullity because the court a quo had no jurisdiction; where the questions raised in the certiorari proceeding have been duly raised and passed upon by the lower court, or are the same as those raised and passed upon in the lower court; where there is an urgent necessity for the resolution of the question, and any further delay would prejudice the interests of the Government or of the petitioner, or the subject matter of the action is perishable; where, under the circumstances, a motion for reconsideration would be useless; where the petitioner was deprived of due process and there is extreme urgency of relief; where, in a criminal case, relief from an order of arrest is urgent and the grant of such relief by the trial court is improbable; where the proceedings in the lower court are a nullity for lack of due process; where the proceedings were ex parte or in which the petitioner had no opportunity to object; and where the issue raised is one purely of law or where public interest is involved. x x x8 (Emphasis supplied; emphasis in the original omitted)
The Sandiganbayan set aside the "No Bail" recommendation under the informations filed by the OMB based on its own interpretation of Article 48 that the "maximum period" of the most serious crime, which is reclusion perpetua for the more serious charge of Malversation, cannot be considered for purpose of bail because the law speaks of "penalty imposable" and not penalty actually imposed. Acknowledging a contrary position to the 2000 Bail Bond Guide issued by the Department of Justice where no bail is indicated for the complex crime of Malversation thru Falsification of Public Documents when the amount malversed is P22,000.00 or higher as alleged in the informations, the Sandiganbayan opined that this interpretation is more favorable to the accused.
We disagree.
Section 13, paragraph 4, Article III of the 1987 Constitution provides that all persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released from recognizance as may be provided by law. Likewise, Rule 114, Section 7 of the Revised Rules of Criminal Procedure, as amended, provides that no person charged with a capital offense or an offense punishable by reclusion perpetua or life imprisonment when evidence of guilt is strong shall be admitted to bail regardless of the stage of the prosecution.
We find no legal basis for making a distinction between imposable or prescribed penalty and penalty actually imposed and concluding that the maximum period mentioned in Article 48 cannot be considered for bail purposes before conviction. The term "punishable" in the Constitution and the Rules clearly refers only to the prescribed penalty. Ubi lex non distinguit nee nos distinguire debemus. When the law does not distinguish, we must not distinguish.9 Further, it is a cardinal rule in statutory construction that when the law is clear and free from any doubt or ambiguity, there is no room for construction or interpretation. There is only room for application.10
The question of actual imposable penalty of malversation thru falsification of public documents has been settled by this Court in People v. Pantaleon, Jr.,11 where we ruled:Article 217, paragraph 4 of the Revised Penal Code imposes the penalty of reclusion temporal in its maximum period to reclusion perpetua when the amount malversed is greater than P22,000.00. This Article also imposes the penalty of perpetual special disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the property embezzled. Falsification by a public officer or employee under Article 171, on the other hand, is punished by prision mayor and a fine not to exceed P5,000.00.In the light of all the foregoing, we hold that Valdez is not entitled to bail as a matter of right since she is charged with a crime whose penalty is reclusion perpetua. The DOJ's 2000 Bail Bond Guide likewise sets no bail for the said offense where the amount involved exceeds P22,000.00. While not controlling, in view of the constitutional prohibition against excessive bail, the said guidelines should have been considered by the Sandiganbayan.13
Since appellant committed a complex crime, the penalty for the most serious crime shall be imposed in its maximum period, pursuant to Article 48 of the Revised Penal Code. This provision states:ART. 48. Penalty for complex crimes. - When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.The Sandiganbayan, therefore, correctly imposed on the appellants the penalties of reclusion perpetua and perpetual special disqualification for each count of malversation of public funds through falsification of public documents, and the payment of fines of P166,242.72, P154,634.27, and P90,464.21, respectively, representing the amounts malversed. The Indeterminate Sentence Law finds no application since reclusion perpetua is an indivisible penalty to which the Indeterminate Sentence Law does not apply.12 (Additional Emphasis supplied)
The Sandiganbayan thus gravely erred in setting aside the "No Bail" recommendation of the Special Prosecutor and fixing the amount of bail as prayed for by Valdez. It is settled that the grant of bail to an accused charged with an offense that carries with it the penalty of reclusion perpetua is discretionary on the part of the trial court, i.e., accused is still entitled to bail but no longer as a matter of right.14 Indeed, the determination of whether or not the evidence of guilt is strong is a matter of judicial discretion. This discretion, by the nature of things, may rightly be exercised only after the evidence is submitted to the court at the hearing.15 The Prosecution must be given a chance to show strength of its evidence; otherwise, a violation of due process occurs.16 As the rule now stands, a hearing upon notice is mandatory before the grant of bail, whether bail is a matter of right or discretion.17
I therefore VOTE:chanRoblesvirtualLawlibrary
1. To GRANT the petition; and
2. To ANNUL and SET ASIDE the Resolution dated October 10, 2014 of the Sandiganbayan's Fifth Division in Criminal Case Nos. SB-14- CRM-0321, SB-14-CRM-0322 and SB-14-CRM-0324.Endnotes:
1Rollo, pp. 30-40. Penned by Associate Justice Ma. Theresa Dolores C. Gomez-Estoesta with Associate Justices Roland B. Jurado and Alexander G. Gesmundo concurring.
2 Id. at 41-43.
3 Id. at 44-51.
4 Id. at 52-56.
5 Id. at 57-59.
6 Id. at 40.
7Republic of the Philippines v. Pantranco North Express, Inc., 682 Phil. 186, 193 (2012), citing Ag v. Mejia, 555 Phil. 348, 353 (2007).
8Pineda v. Court of Appeals (Former Ninth Division), G.R. No. 181643, November 17, 2010, 635 SCRA 274, 281-282, cited in Medado v. Heirs of the Late Antonio Consing, 681 Phil. 536, 548-549 (2012).
9Amores v. House of Representatives Electoral Tribunal, 636 Phil. 600, 609 (2010).
10 Id. at 608, citing Twin Ace Holdings Corporation v. Rufina and Company, 523 Phil. 766, 777 (2006).
11600 Phil. 186 (2009). See also Mañalac, Jr. People of the Philippines, G.R. Nos. 206194-206207, July 3, 2013 (Unsigned Resolution).
12 Id. at 228.
13 See A.M. No. 12-11-2-SC promulgated on March 18, 2014.
14Andres v. Beltran, 415 Phil. 598, 603 (2001).
15Ocampo v. Bernabe, 77 Phil. 55, 58 (1946).
16 Gacal v. Infante, 674 Phil. 324, 340 (2011).
17 Id. at 338.cralawlawlibraryDISSENTING OPINIONLEONEN, J.:
I concur with the opinion of Justice Martin S. Villarama, Jr. and, in addition to the points raised, add a few more of my own.I
Respondent Luzviminda S. Valdez was charged with four (4) counts of Malversation of Public Funds through Falsification of Public Documents.1 Malversation of Public Funds is punished under Article 2172 of the Revised Penal Code while Falsification of Public Documents is punished under Article 1713 of the Revised Penal Code. The penalty for falsification under the law is prision mayor and a fine not to exceed P5,000. Since the amount allegedly malversed exceeds P22,000.00,4 the appropriate penalty under the law for malversation is reclusion temporal in its maximum period to reclusion perpetua.
Malversation of Public Funds through Falsification of Public Documents, however, is considered-an ordinary complex crime under Article 48 of the Revised Penal Code.5 Article 48 states:ARTICLE 48. Penalty for Complex Crimes. — When a single act constitutes two or more crimes, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.Justice Villarama is of the opinion that the crime is bailable as a matter of discretion, considering that Article 48 raises the imposable penalty to that of the most serious crime in its maximum period.6 The ponencia, however, disagrees and argues that Article 48 states the penalty to be actually imposed, or the penalty after a trial on the merits is conducted.7 In the ponente's view, the crime should be bailable as a matter of right.8
Respondent was charged with Malversation of Public Funds through Falsification of Public Documents, not Malversation of Public Funds and Falsification of Public Documents. While it is true that "the information should charge each element of the complex offense with the same precision as if the two (2) constituent offenses were the subject of separate prosecutions[,]"9 the singularity of the criminal intent must be taken into account in order to determine its penalty. Respondent was charged with a single complex crime, not two separate crimes. The crime carries only one imposable penalty.
The determination of an accused's liability in a complex crime is not new. In Intestate Estate of Manolita Gonzales Vda. De Carungcong v. People, et al.,10 this court has stated that the complex crime of Estafa through Falsification of Public Documents is treated as one crime subject to a single criminal liability:In considering whether the accused is liable for the complex crime of estafa through falsification of public documents, it would be wrong to consider the component crimes separately from each other. While there may be two component crimes (estafa and falsification of documents), both felonies are animated by and result from one and the same criminal intent for which there is only one criminal liability. That is the concept of a complex crime. In other words, while there are two crimes, they are treated only as one, subject to a single criminal liability.Thus, while a complex crime constitutes two or more offenses whose elements must be pleaded and proved, it is considered by law as a single crime committed through a single criminal intent and punishable by a single penalty. In determining whether a complex crime is bailable as a matter of right or of discretion, what is considered is not the penalties of the two or more separate offenses that compose the complex crime, but the single penalty imposed by law for the complex crime.
As opposed to a simple crime where only one juridical right or interest is violated (e.g., homicide which violates the right to life, theft which violates the right to property), a complex crime constitutes a violation of diverse juridical rights or interests by means of diverse acts, each of which is a simple crime in itself. Since only a single criminal intent underlies the diverse acts, however, the component crimes are considered as elements of a single crime, the complex crime. This is the correct interpretation of a complex crime as treated under Article 48 of the Revised Penal Code.
In the case of a complex crime, therefore, there, is a formal (or ideal) plurality of crimes where the same criminal intent results in two or more component crimes constituting a complex crime for which there is only one criminal liability. (The complex crime of estafa through falsification of public document-falls under this category.) This is different from a material (or real) plurality of crimes where different criminal intents result in two or more crimes, for each of which the accused incurs criminal liability. The latter category is covered neither by the concept of complex crimes nor by Article 48.
Under Article 48 of the Revised Penal Code, the formal plurality of crimes (concursus delictuorum or concurso de delitos) gives rise to a single criminal liability and requires the imposition of a single penalty:Although [a] complex crime quantitatively consists of two or more crimes, it is only one crime in law on which a single penalty is imposed and the two or more crimes constituting the same are more conveniently termed as component crimes.For this reason, while a conviction for estafa through falsification of public document requires that the elements of both estafa and falsification exist, it does not mean that the criminal liability for estafa may be determined and considered independently of that for falsification. The two crimes of estafa and falsification of public documents are not separate crimes but component crimes of the single complex crime of estafa and falsification of public documents.xxx xxx xxx
In [a] complex crime, although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as in the conscience of the offender. The offender has only one criminal intent. Even in the case where an offense is a necessary means for committing the other, the evil intent of the offender is only one.
Therefore, it would be incorrect to claim that, to be criminally liable for the complex crime of estafa through falsification of public document, the liability for estafa should be considered separately from the liability for falsification of public document. Such approach would disregard the nature of a complex crime and contradict the letter and spirit of Article 48 of the Revised Penal Code. It would wrongly disregard the distinction between formal plurality and material plurality, as it improperly treats the plurality of crimes in the complex crime of estafa through falsification of public document as a mere material plurality where the felonies are considered as separate crimes to be punished individually.11 (Emphasis in the original)II
Our esteemed colleague Justice Diosdado M. Peralta now proposes that it is time to digress from settled canonical interpretations of the classification of the availability of bail for public officers charged with Malversation through Falsification. He now proposes that we change the long-standing interpretation of Article III, Section 1312 of the Constitution in relation to Article 48 of the Revised Penal Code. I regret that I could not bring myself to agree with the proposed approach.III
The ponencia starts with creating a distinction between the concept of "prescribed" and "imposable" penalty. In the ponente's view, "prescribed" penalty is the penalty provided by law for the crime charged. The "imposable" penalty is the penalty that will be declared after trial.13Prescribed penalty refers to the crime as charged, the statute that punishes the offense, and the penalty in the statute. Imposable penalty considers in addition the totality of the evidence presented.
Prescribed penalty, not imposable penalty, is what is considered for bail.
To this extent, I agree with both Justice Villarama and the ponencia.
This is precisely what the Constitution provides. When the prescribed penalty is reclusion perpetua, bail is granted only after a showing that evidence of guilt is not strong.
Thus in Article III, Section 13 of the Constitution:SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.The purpose of bail is to ensure the accused's presence at trial.14 The underlying theory of denying bail irt capital offenses is not only to prevent the risk of flight by the accused, but also to protect the community from potential danger due to the heinousness of the crime charged and to avoid delays in the service of punishment.15 Regardless of these presumptions, determination of bail by the sovereign has already been fixed by the text of the Constitution. It is conclusive on courts. It cannot be reconsidered. The test of the Constitution reduces judicial discretion to a single variable: whether the evidence of guilt is strong.IV
The ponencia posits that the penalty for the complex crime of Malversation through Falsification is reclusion temporal in its maximum period to reclusion perpetua. It then concludes that because it starts with reclusion temporal, necessarily, bail automatically is a matter of right.16
This would have been accurate except that Article 48 is as much a part of the Revised Penal Code as any other provision. The better interpretative approach is to allow all provisions to work together. Parsing pieces of legislation while backgrounding relevant provisions invites too much judicial discretion at the cost of undermining the results of legitimate constitutional processes in our political departments.
Article 48 provides:ARTICLE 48. Penalty for Complex Crimes. — When a single act constitutes two or more crimes, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.There is no doubt as to the prescribed penalty. It is "the penalty for the most serious crime" and "the same to be applied in its maximum period."
What may understandably cause the apparent ambiguity is the phrase "shall be imposed" in this provision.
The ponencia interprets this to mean that the penalty mentioned in Article 48 is post hoc, i.e., after trial.17 Justice Villarama reads this as ex ante, i.e., it is the penalty for the crime as charged.18
The trial court, in determining whether a complex crime is bailable-as a matter of right or a matter of discretion, examines the penalty to be imposed in the complex crime charged. The court does not have the luxury of deciding which among the two component crimes the accused would be most guilty of. It considers the complex crime as two separate component crimes punishable by a single penalty. Respondent was charged with one complex crime of Malversation of Public Funds through Falsification of Public Documents. It is illogical to'determine bail on the basis only of the single simple crime of Malversation or on the single simple crime of Falsification.
Article 48 is not only the penal provision that provides the penalty that "shall be imposed." Several offenses containing this phrase are listed in the Revised Penal Code, among them being: Violation of Domicile, Inciting to Sedition, Falsification, Perjury, Grave Scandal, Indirect Bribery, Infanticide, and Estafa:ARTICLE 128. Violation of Domicile. — The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner, or, having surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to do so.Even if these offenses state the penalty that "shall be imposed," there is no confusion as to what the prescribed penalties of these offenses are: the prescribed penalty is what is stated in the law.
. . . .
ARTICLE 142. Inciting to Sedition. — The penalty of prision correccional in its maximum period and a fine not exceeding 2,000 pesos shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end.
. . . .
ARTICLE 171. Falsification by Public Officer, Employee or Notary or Ecclesiastic Minister. — The penalty of prision mayor and a fine not to exceed 5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts:chanRoblesvirtualLawlibrary
. . . .
ARTICLE 183. False Testimony in Other Cases and Perjury in Solemn Affirmation. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who, knowingly making untruthful statements and not being included in the provisions of the next preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires.
Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided therein.
. . . .
ARTICLE 200. Grave Scandal. — The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code.
. . . .
ARTICLE 211. Indirect Bribery. — The penalties of arresto mayor, suspension in its minimum and medium periods, and public censure shall be imposed upon any public officer who shall accept gifts offered to him by reason of his office.
. . . .
ARTICLE 255. Infanticide. — The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age.
. . . .
ARTICLE 315. Swindling (Estafa). — Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but doe's not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or rcclusion temporal, as the case may be.
Bail under the Constitution considers the offense charged in the information, not the offense of which the accused will eventually be convicted. "Punishable" within the context of the Constitution means the penalty prescribed by law for the offense charged. When an accused is charged with a complex crime, the penalty is what is stated in the Revised Penal Code or in special penal laws in relation to Article 48 of the Revised Penal Code. A complex crime is a single offense comprised of two or more offenses but with a single penalty. While the prosecution must prove all the elements charged, it must only prove a single criminal intent. The splitting of the penalties according to its separate component crimes undermines the singularity of the criminal intent, which makes it a complex crime.V
Finally, we must remember that there are two (2) aspects in criminal trial. First, there is the determination by the judge as to whether all the elements of the offense as well as the accused's alleged participation can be inferred or proven beyond reasonable doubt by the admissible evidence presented. This is the objective part of trial. Thereafter, and second, the judge determines the proper penalty from a range provided by law. This sentencing part involves a higher degree of discretion. The first part looks at the acts. The second looks at the. offender and his or her circumstances.
The only allowable range for Malversation through Falsification as charged in the Information is reclusion perpetua.
There is nothing inequitable in considering Malversation through Falsification of Public Documents of public funds exceeding P22,000.00 as an offense bailable only as a matter of discretion.
Malversation of Public Funds, by itself, may be bailable as a matter of right since the prescribed penalty under the law is reclusion temporal in its maximum period to reclusion perpetua. However, the law raises the prescribed penalty to that of the more serious crime in its maximum period if it is committed through Falsification. The conversion of the offense to a complex crime serves to underscore the gravity of the offense.
Like Plunder under Republic Act No. 708019 and Graft and Corruption under Republic Act No. 3019,20 it is generally committed by public officers.21 "Public office is a public trust."22 Public officers are sworn to perform their duties with the highest fidelity. Malversation through Falsification, therefore, is a crime at par with Plunder and Graft and Corruption since it involves a public officer's betrayal of public trust. As an offense considered a violation of a constitutionally enshrined policy, it should be imposable with the highest penalty provided by law.
ACCORDINGLY, I join the opinion of Justice Martin S. Villarama, Jr. and vote to GRANT the Petition.Endnotes:
1 Ponencia, p. 2.
2 REV. PEN. CODE, art. 217, as amended by Rep. Act No. 1060 (1954), sec. 1, provides:chanRoblesvirtualLawlibrary
ARTICLE 217. Malversation of Public Funds or Property — Presumption of Malversation. — Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate or shall consent, or through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or property, shall suffer:chanRoblesvirtualLawlibrary
. . . .
4. The penalty of reclusion temporal in its medium and maximum periods, if the amount involved is more than 12,000 pesos but is less than 22,000 pesos. If the amount exceeds the latter, the penalty shall be reclusion temporal in its maximum period to reclusion perpetua.
3 Rev. Pen. Code, art. 171 provides:chanRoblesvirtualLawlibrary
ARTICLE 171. Falsification by Public Officer, Employee or Notary or Ecclesiastic Minister. — The penalty of prision mayor and a fine not to exceed 5,000 pesos shall be imposed upon any public officer, employee, or notary who. taking advantage of his official position, shall falsify a document by committing any of the following acts:chanRoblesvirtualLawlibrary
. . . .
4 Ponencia, p. 2. The amount allegedly malversed was P274,306.75.
5 See People v. Pantaleon, Jr., et al., 600 Phil. 186 (2009) [Per J. Brion, Second Division].
6 J. Villarama, Jr., Dissenting Opinion on this case, p. 5.
7 Ponencia, pp. 8-11.
8 Id. at 10-11.
9People v. Bulalayao, G.R. No. 103497, February 23, 1994, 230 SCRA 232, 240 [Per J. Padilla, Second Division]. This case was also cited in the ponencia (Ponencia, p. 10).
10 626 Phil. 177 (2010) [Per J. Corona, Third Division].
11 Id. at 206-208, citing FLORENZ REGALADO, CRIMINAL LAW CONSPECTUS 172, 176 (3rd ed., 2007), III RAMON AQUINO AND CAROLINA GRIÑO AQUINO, THE REVISED PENAL CODE 662 (1997), and LUIS B. REYES, REVISED PENAL CODE, Book I, 650 (15th ed. rev., 2001).
12 CONST., art. III, sec. 13 provides:chanRoblesvirtualLawlibrary
SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
13 Ponencia, pp. 8-11.
14See Basco v. Judge Rapatalo, 336 Phil. 214, 219 (1997) [Per J. Romero, Second Division], citing ROLANDO V. DEL CARMEN, CRIMINAL PROCEDURE, LAW AND PRACTICE 31 (3rd ed., 1995).
15See Leviste v. Court of Appeals, et al., 629 Phil. 587, 594 (2010) [Per J. Corona, Third Division].
16See ponencia, pp. 8-10.
17 Poneneia, p. 10.
18 J. Villarama, Jr., Dissenting Opinion on this case, p. 5.
19 An Act Defining and Penalizing the Crime of Plunder, July 12, 1991.
20 Anti-Graft and Corrupt Practices Act, August 17, I960.
21See People v. Pajaro, et al., 577 Phil. 441, 453-454 (2008) [Per J. Ynares-Santiago, Third Division].
Malversation may be committed by private individuals if the private individual conspires with a public officer to commit the crime.
22 CONST., art. XI, sec. 1.