Republic of the Philippines Sandiganbapan Quezon City FIFTH DIVISION PEOPLE OF THE PHILIPPINES, Plaintiff, SB-18-CRM-0534 For: Violation of Section 3(e) versus. of RA. 3019 [BENJAMIN SALVA DECENA, Accused. PEOPLE OF THE PHILIPPINES, Plaintiff, SB-18-CRM-0535 For: Malversation of versus: Public Property BENJAMIN SALVA DECENA, ‘Accused. Present: LAGOS, J, Chairperson, MENDOZA-ARCEGA, and CORPUS-MANALAC, JJ. Promulgated: Maret, |F. 1023 vgh CT ST DECISION CORPUS-MANALAG, J. [Before this Court are the Informations against accused Benjamin S. ‘Deen, former Mayor ofthe Municipality of Bula, Camarines Sur (Bula) for violation of Section 3(¢) of Republic Act (R.A.) No. 3019 (Anti-Graft and Corrupt Practices Act) and Malversation of Public Funds under Article 217 ofthe Revised Penal Code, docketed as Criminal Case No, SB-18-CRM.0534 and SB-18-CRM-0535, respectively. ‘The aceusstory portions ofthe Informations in SB-18-CRM-0534" and ‘SB-18-CRM0535," both dated February 27, 2018, read 2S is Wt at | -ses-o4a5 13 a /ess Peet SEIECRNLON Wass Prope Bejnin Dees Violation of Section Ye) of R.A. 3019 ‘That on 30 June 2013, or sometime pir or subsequent thereto, in ‘Bula, Camarines Sur, Philippines and within the jurisdiction ofthis Honorable Cou, acted Benjani S, Decena, pbc ofr, bing then the Municipal Mayor of Bula, Camarines Sur, and as such is secounabie forthe municipal propeies recived or entrusted 10 him by reason of his poston, commiting the crime neato o his fice and taking avantage (This oficial posidon acing with evident ba faith, manifest paral or ‘ss inexcusable negligence, di then and there wilful, nlawfly and timinally cause undve injury to the goverment in the amovat of ‘PRP 498,599.00 by efsing to return, aftr th exprton of his tem as ‘Mayors government car described st 2017 model Maes Bongo SPUR with plate number UTI-T63, valued at PRP 499,999.00, which vebicle ‘scoused had exer received and was unde his possession and contol when ‘he was ail the Mayor, to the damage and prejudice of the goverment in the aforeesid amount ‘CONTRARY TO LAW. ‘Malversation of Publie Property ‘That on 30 Jupe 2013 or sometime pir or subsequent thereto, in Bula, Camacines Sur, Philippines and within the jurisietion ofthis ‘he Municipal Mayor of Bula, Camaraes Su, and as such is accountable {or the municipal ropes seceived gr entrusted 6 him by reason of his oiton, acting in relation to ofce and taking advantage of his official, Poston, did hen and thee willy, unlawfully and feloniously ‘pproprist, ake, misappropite or const or permit athe to take for his own personal use and benefit goverment motor vehicle deserted ‘Mazda Bongo HSPUR, 2011 med, wit lac aumbor UTI-763 with unit cast of Four “Hundred 'Ninely Nine Thousand and Nine Hunde Ninety Nine Pesos (PRP 499,999.00), which was acauired by ‘he municipality from the Municipality of Bui, Camarines Sor, by 20 ‘uring over the sid vehicle to the municipality afer his term of efie ‘ended othe damage and prejudice of government in sald amount. CONTRARY TO LAW. ‘The Antecedent Proceedings ‘The charges stemmed from the Complaint-Asfidavit? dated September 29, 2015, filed by Moises P, Soreta, Acting Municipal Mayor of Bula and Carlos R. Pontsnal, Private Secretary Il (to the mayor) of the same ‘municipality. The Complaint-Affidavit stated that accused Devena took with hhim for his personal use and failed to return a government vehicle, ‘Mazda Bongo HSPUR, 2011 model with plate number UTI-763 after the end an fston Pe Prop Bn 8. Deen ‘of his term as Mayor of Bula on June 30, 2013. Said vehicle was allegedly ‘among the three (3) multi-purpose vehicles donated by then ‘Congressman Salvio Fortuno of the 5® District of Camarines Sur to thee (3) _municipalities under his jurisdiction, namely Bui, Bula and Nabua-* ‘After preliminary investigation, the Office ofthe Deputy Ombudsman for Luzon, in its Resolution? dated November 16, 2016, indicted accused Decena for Violation of Section 3(e) of R.A. No. 3019 and Malversation of ‘Public Property defined and penalized under Article 217 of the Revised Penal ‘Code and the corresponding Informations were consequently filed on October 5, 2018 docketed as Criminal Case Nos. SB-I8-CRM-0534 and SB-18-CRM-0535, respectively. ‘Proceedings before the Court Relative to the filing of these cases, on October 15, 2018, the Court issued a Hold Departure Order against the accused. On the same day, the ‘Court found probable cause? to issue a warrant! for his arrest which was accordingly issued on October 16, 2018. ‘On October 26,2018, the accused posted cash ball bonds for these cases With the Regional Trial Court (RTC), Office of the Executive Judge of [Naga City? The RTC then transmitted the approved bail bond documents 19 ‘tus Cour" which was received on November 15, 2018. Ina Kesolution" dated November 16, 2018, the Court noted the posting of cash bail bonds and ‘set the cass for arrsignment. (On March 8, 2019, after several postponements, the accused was ‘arraigned and pleaded “aot guilty” to the charges.!® Preliminary conference and pre-trial ensued. As indicated in the Pre-Trial Order dated July 12, 2019, the parties made the following stipulations: (1) Accused Benjamin Salva Decena i the same person named in the Information in these cases (2) During the period material to these cases as alleged inthe Information, accused Decena was a public officer being then the Municipal Mayor of Bula, Camarines Sur. ‘Thereafter, tial on the merits progressed. Mis oh reds eld on ab 1520185, scr, VL, "Wart of Aru ess, Vl rp. 2018 Rac p63 rtd eh 8,209, Recor, Vo p18 “iar wor vfDesiion Pe Evidence for the Prosecution ‘The prosecution presented the following witnesses, namely (1) Mr. Carlos R. Pontanal, private complainant and private secretary tothe ‘mayor of Bula during the term of acting Municipal Mayor, Moises P. Soren (o-complainant); (2) Mr. Vineent C. Dasmarifias, Senior Administrative ‘Assistant I and concurrent General Services Officer of Buhi'® who prepared the Invoice Receipt for Property"” and the purchase requests involving the subject vehicle; he is also the custodian of the records of all properties of Buhi: (3) Ms, Donna J. Martires, then holding the positon of Administrative Aide I assigned to the Municipal Mayor’ office of Bula during the term of ‘Mayor Rolando N, Canet and currently the Local Disaster Risk Management ‘Assistant of Buls;” he prepared the demand leters® involved in these cases; (4) Ms. Nanette N. Soralde, Administrative Aide] of Bula assigned to work inthe house ofthe sceused who received the demand letter" dated February 13,2014 as shown inthe Registry Return Receip dated February 18, 2024; she's currently holding the position ofa Program Coordinator atthe Provincial Goverament of Camarines Sur since 2016; (5) Ms. Nilda G. Salvo, the Municipal Treasurer of Buhi who certified that funds were avaiable inthe signed Disbursement Voucher® involving the payment ofthe multi-purpese vehicles including the subject vehicle UTI-763; she was also designated as the Vice-Chairman of the Bids and Awards Committee (BAC) in 2012 and eventually became the Acting Chairperson when the designated chair resigned during the time material to these cases:* (6) Ms. Milagros I. Jardinel, the “Municipal Accountant of Buhi who prepared and signed the Purchase Orde, Disbursement Voucher and the Joumal Entry Voucher” forthe payment of the multi-purpose vehicles including the subject vehicle (UTI-763) she was ‘the Head of the Technical Working Group (TWG) of the BAC at the tr ‘material o these cases and (7) Ms. Maria Jesus C. Catolico, the COA team leader assigned in Camarines Sur and custodian of documents and papers relative to these cases; she issued the certified true copies of the Purchase ‘Samp 13 {Compaen "eit. 28959 Un! At Vin Damar. 3). "ob gba tne TSN dl Spr 7501, p33. Exh“ (Ceti a Regaraion of UT °C" Rea of T-89) iat 25 ase ano poss ts Dos ano Mtr 2.2) sbi epi ipaber = Bait sSenon “ig. [ail AM of Mago. ares (Foner Aout, LGU-B, Car Suh Pa 1» Kata ene, Ste Aur Aad Grp On the Te ene No. S26, a ufSore camasiemosss Order.” Acceptance and Inspection Report." Disbursement Voucher” ‘Warranty Certificate? and the Journal Entry Voucher.* ‘Mr. Carlos R. PontanaP® testified that sometime in December 2012, accused received fom then Buhi Municipal Mayor Rey P. Lacoste a mult purpose vehicle with plate number UTI-763% as bore by the invoice receipe he signed relative thereto, UTI-763 was among the thre (3) units of multi purpose vehicles donated by Congressman Salvio Fortuno though the Municipality of Bubi. He alleged that from the time the subject vehicle was received by the accused, the same was aways parked inside the premises of the later's residential house in Salvacion, Bula, Camarines Sur wien not in use. When his term of office as mayor ended on July 1, 2013, he took with him said vehicle and never retuned the same to the Municipality of Bula ‘Demand leters" were sent to him by then Bula Municipal Mayor Rolando N. Cane which accused filed to heed. (On eross-examination, # however, Mr. Pontenal admitted that he was not present when the subject vehicle! was received by the accused and delivered to the Municipality of Bula. He admitted that he has no personal knowledge as to the deel and description of UTI-763 and i fact did not see it during the time it was allegedly received by the accused. Mr. Pontanal likewise confirmed that prior othe filing ofthese cases he did not conduct any fact-finding investigation to determine the date when UI-765 was ven ‘to Bula, He also has no personal knowledge as othe execution ofthe invoice the funding of the subject vehicle and the fact of donation by ‘Congressman Fortuno. He, oo, was not aware that a Deed of Donation was ‘executed in favor of the Municipality of Bula as well as any resolution or ‘ordinance acceptin the alleged donation ofthe subject vehicle. He confirmed that the same is repistered as private vehicle and was never transferred tothe “Municipality of Bula. Mr. Pontanel likewise admitted that he was not able to ‘verify whether the parked vehicle he saw inthe residence of accused Decena isthe same vehicle subject ofthese cases. He also has no personal knowledge bout the demand letter allegedly sent to the accused as well as the invoice receipt signed by the accused involving the subject vehicle, and as to the Sanwa =e 2 Rae At “A7, Rech, VOL. pp 12281 Cpl Ant (“A AT) wes ld toby rst ts ion 8 eo Ooh raya ed me ores’ Mabon te is 2 018 (con VO yp 290)" ie" (Cate Regtion of TEx Oe Resp of UTI) Seno -p sO oes Ree ‘Ena -Oo-D-> etre Fey 1M): BABI “E (Lt ited Mah 6,206 2 13N aad Au ye 19 ws » EAR E mm oe " /Desa Paes SECs gos allegation in his Complaint Affidavitthat the subject vehicle came from public funds, For the testimony of Ms, Donna Jardine! Martirez" the prosecution adopted the offer as stated in the Manifestation" dated August 22, 2019, ‘The paties stipulated that she drafted the two (2) demand leters." During het direct examination, se identified the registry return receipts showing that they were sent tothe accused ane received by him. On eross-exami ‘Ms. Martirez testified tat she didnot receive any registry receipt after mail the leters [two (2) demand leters adéressed to the accused. What she had ‘were the registry return receipts (yellow copies ad blue card) instead as proof that they were sent to the accused and received for the accused through Ms, Nanewe Soralde (for the demand letter dated February 13, 2014) and [Erwin Raia forthe demand letter dated March 6, 2014), Ms. Soralde was an Administrative Aide I atthe Municipality of Bula during the term of the ‘accused as mayor. Also, Ms. Martiez confirmed tat it was Mayor Canet who told her thatthe subject vehicle is a property of the Municipality of Bula as stated in the demand leters she drafted addressed tothe accused.“ Ms. Nanette N. Soralde" took the witness stand and testified that she stayed at the house of accused Decena when she was designated as ‘Administrative Aide I at the Municipality of Bula and while she was atthe residence of the Decenas, she received # demand letter” addressed to the ‘accused on February 18, 2014. She, thereafter, gave the leter to him.” On ‘ross examination,* Ms. Soralde confirmed that on February 18, 2014, the ‘demand letter was delivered tothe residence of the accused, and she received the same and in fact, entertained the person who delivered it. Upon the instruction of the wife of the accused, Ms. Juliet Decena, who was then at home, she opened the letter and read the same. ig Aa etn i DONA JARDINE: MARNIE Re Vp. 2 Hehe tat 7,208 Rcd Yop 202010 nny Dm. aed Ft, 20 Eo eer i Ma 6 201 tiny Rota Rip ca tay i201, wr Boys Deen anne ene Soe Reged ring Share Chey owns ch 20] nite Er Bajos Deca td eset by fata eped tere 22h mt Reef Rep ed Norch4adreelwEchte Bonin s Dron re Sr ar Reson ter ony, ‘id neato mens LOU Ba ey sees win 2 re pone Ofte Seon tae aan absence bs peptone avast Seventy brie key whe onan pop cea «Th rns nd eon ipa aah wily or a Ari (fase Vr ups Sosy srl te sehen he iocinnsanatan “isNaee naga ann ‘eco Vl lop 7038 Unc Ait of Nea N Soe og Cao, Movi a get Sap. A597. . a. Pd vDeas ase? ‘As General Services Officer and concurrent Senior Administrative Assistant I of the Municipality of Bui and the custodian of all documents pertaining tothe properties ofthe municipality, Mr. Vineent C. Dasmarifias,* identified the documents pertaining to the subject vehicle UTI-763, i.e, the Invoice-Receipt for Property, the Certificate of Registration Nos. 157829615* and 163805946 ** as well as the Official Receipt Nos. 301593224 and 338128523." He testified that before the procurement of the multi-purpose vehicles including the subject vehicle, he prepared the purchase requests and he was part of the Technical Working Group (TWG) of the Bids and Awards Committee (BAC), He claimed that he personally handed the Invoice-Receipt for Property to then Buhi Mayor Rey P. Lacoste and the accused for their signatures during the turn-over ceremony and saw them affix their signatures on the document. After signing, the accused as recipient ofthe vehicle for the Municipality of Bula left shortly with the subject vehicle. (On cross examination, he testified that he was the one who prepared the Invoice-Receipt for Property” involving the subject vehicle, UTI-763 but ‘could not remember the exact date, He added that UTI-763 was intially ‘registered under Magna Trading Corporation which was thereafter transfered to Car Accessories and Service House Corporation (CASH) before the same ‘was sold to the Municipality of Buhi. The certificate of registration of [UTI-763 was never transferred to the Municipality of Bula as the pertinent ‘documents remained with Buhi and under his custody, What was transferred to the Municipality of Bula was only the physical possession of the vehicle ‘and not its ownership. He also confirmed that there was no Deed of Donation ‘executed nor an ordinance ofthe Legislative Council of Bui on the transfer. He further testified that he was present at the time the subject vehicle was tumed over to Bula through the accused and in fact there was a photo ‘opportunity between Mayor Lacoste and accused Decena, A driver of the ‘Municipality of Bula took the vehicle ater the turn-over ceremony. Ja Amoi of Vise © Duets, Ret p256265 TM de Sep 26 201 as nbc Catia of Reguron o UTL-TE as Oso 2012 drt ae of Map “rn pen DURE tapi a 28 tay 1,015 ee ne Ct “Epa “C 1 Oe Reape of UTE ted Ober 4 202 andere ame of ar ec vee Hoe Sap ‘Sd lh Of Reclt of UII td any 182013, dr ite of Ca Acs ‘sence Cy, ‘2 T3Naed Speer 262018, 9.26.47 ‘Fl Spe 2209p, oy /Seicmconswoss oe People Bsn ‘Ms, Nilda G, Salvo" testified that she processed the payment ofthe three (3) multi-purpose vehicles including the subject vehicle, UTI-763. She signed the disbursement voucher thereof certifying that funds are available 5 well as the corresponding the check payment amounting to Phpl,419,640.02. She claimed thatthe trast fund of the Municipality of Bubi was sed in the said procurement. On cress-examination, she confirmed that she signed the disbursement voucher without indicating the date and likewise failed to indicate the date when the same was paid. She stated that there was no authority or ordinance attached tothe disbursement voucher to suppor the disbursement ofthe funds, particulary the trast fund which was the alleged source of funding Ms. Milagros 1. Jardinel testified" that she was the Municipal Accountant of Buhi and was also part of the BAC as Head of the TWG in 2012 atthe time of the procurement ofthe three (3) multi-purpose vehicles including the subject vehicle, UTI-763, She certified the evailability ofthe funds in connection thereto as shown in the Purchase Order No, 2012-526 dated December 10,2012. She corroborated the testimony of Ms. Salvo that the trust fund ofthe Municipality of Bubi was used in the procurement ofthe said vehicles as reflected in the Joumal Entry Voucher No, $9-13-01-0003 dated January 11, 2013 which she personally prepared, She further stated that she was involved inthe processing of payment ofthe said vebicles by signing the Disbursement Voucher together with Ms. Salvo. On cross- examination, she testified that she was abe to see the mult-purpose Vehicles including the subject vehicle as twas part of her job as a municipal accountant to see to it that the procured units are delivered before processing the disbursement voucher.” Finally, the representative of the Commission on Audit (COA), Ms. Maria Jesus C. Catolico™ testified” that she was in custody of the financial documents evidencing the acquisition of the aforesaid multi-purpose Te prston soni om stad ate aitecn dad Qe 18, 209 ear Yl, pp St213)a neler duel ltt (Recorn Vl ep S16523 her dec ny ee “Sv Recor, Vo spe © Rect, Va opp. 24396 ui ft of Mager rel pp. (Grud eco, 2 Dnaremet Von nde Aslam eat fe ‘rtd Spel Bwindi 3, 203, othe Mant Goaren a ah ‘rat Fd Chea Dsen Age 2018). seas SEN ded Oaatr 23 201324. She ms ood te Aa em Lenk, Sine Air, st Grup C, Off he Team Under Rs pn iy al Canaries ur se epee 2018 Recodo lop. S58 Dal sv of Mai etn © Cas (te Aa, COA, (Comme Srp? with sche Parse rr el Deeb 10,012, Aces Inte Re dtd Decent 2, 202, Wary Cet one url ay Vance Scorsese mfvehicles including the subject vehicle, UTI-763, by the Municipality Bui. 1ed the certified tre copies ofthe originals of Exhibits “G"”, “H"” 'M",” and “I". She stated that the disbursement voucher'and its supporting documents are proofs of disbursement of public funds. On cross, she confirmed that although she was not present when the aforesaid documents were executed, the same are in the custody afthe COA which was tamed over to her by the former auditor and she was only testifying as to the existence ofthe ssid documents. ‘The prosecution filed its Formal Offer of Exhibits dated January 21, 2020.7" The accused accordingly filed his Objections” thereto ‘on Febriary 6, 2020, The Court resolved to ADMIT” all the prosecution’s documentary exhibit, ie,, Exhibits “A” to “L” including the sub-markings lover the objections of accused Decens. (On February 19, 2020, the accused filed his Motion for Leave of Court tofileDemurrer to Evidence” on which the prosecution filed its CommenvOpposition" thereto. The Court, after careful study, resolved to ‘rant tho same, Thus, th accused Giled his Demure to Evidence dated June 17,2020" ‘The prosecution in response thereto filed its commenvopposition®* After catefil consideration of the allegations of the accused. as well as the ‘omimeadopposition of tie prosevao te Cot resulved wo dey he save Jn Resolution dated August 18,2020. Accused Decena filed « Motion for Reconsideration! of such denial, In response, the prosection filed its comment! thereto. For lack of merit, the Court denied the same in a Resolution" dated October 25, 2020. Appropriately, the accused presented his dofense evidence. 7 racine Odeo, 20256 de ecb 10,202 * eteanepentn Rep Les Gove Beh beng te a of Asa sod trpetn on ese 5012 ety Cate ed yr Aces & Sani Ha (CASHD Copsey 8 re, Bei cote Manges incig teins) wes ape volo nud te bj ite, UTE "Jaan no: 00 carn 1,203 proved Ms. Mago et, Mant ‘eso afte LGU. ‘tren Vou ost ning ayer or ey deve of ns a Pron lero smoan fg ea Reco Voth pp SS a10 nic ates 7 Mil of he ocr elo 10 Ferry 200, Rat Vo lp ATES Rede Vat pp ‘Recde Vat gash nea. bow ana { Comeivypon the Denar Evie dee 3,200, Rats Vo p02 Stee von 3h * Mao far ean raton wt Nas of Cage of Aes ad Ages 26,200, Reo VOL 2, +» Eame ttn Recenrtin (ae 2 Ag 20 of cd Doin. Ds) ted Spam 138 Reo Vl 2p 9550, 364 SEhee =Seieewonenons — Feil Bein [Evidence-in-Chiet for the Defense ‘The accused in his defense presented the following witnesses: Ms. Lucieta Estrella of the Land Transportation Office (LTO) who brought with her the original and certified true copies of the documents periaining to the vehicle subject of this case, i.e., UTI-763°s Certificate of Registration (CR) No. 165805946" and Official Receipt (OR) No. 5338128523" under the name of Car Accessories and Services House Corp. Considering thatthe documents are common exhibits being Exhibits “F™ and “F-1" of the prosecution, the partes agreed to stipulate onthe testimony” of the sui witness and her presentation was consequently dispensed with Me. Edwin D. Monoy, Administrative Aide VI, Heavy Equipment Operatar If ofthe Manicipality of Bula, who stated in his Judicial AMidavit™ ‘hat he is familiar withthe subject vebicle UT1-763 sits one ofthe vehicles inthe municipality, He Fist saw the veiel in 2013 when it was made partof the motor pool of Bul and has been eeving it fom time to time for official use since then. He alleged that the said vehicle was atthe Bula's motor pool anidhes see itlstFebroary 2021, However, during his direct examination, he corrected the plate number he mentioned in his Judicial Affidavit from UTE763 to UTI-963.. He alleged that when be reviewed his Judicial Alida he nouced thatthe pate number stated there Was UTI-/68 and not ‘UTTe963, which was the correct plate number of the mulG-purpose vehicle delivered to Bula, He knew that UTI-763 was in Bui In answer to the Cour’s query regarding the nature of the subject vehicle UTI-763, he stated thatthe same was a yellow Mazda van and that the fone he was driving was UTI-963. He knew it because he took a photo of the vehicle in Buls, He also knew that UTI-T63 was in Buh On re-irest examination, Mr. Monoy showed pictures 1 the Court as proof that whet he was driving in Bula was UTI-963” and not UTI-763." He also confirmed that he was an employee ofthe Municipality of Bula for eight (©) years already. ‘On re-cross examination, he confirmed that he took pictures ofthe UTI- 1763 in Bui and thatthe same isin the possession of the said municipal (Other than the photos he took, he does not have any other documents to prove ‘oad copy fT Na, NR05945 dd aan 6,205, by Lai ela, Resorts one UT. ‘Eta are re copy of OR No. 50828505 ded aay 16, 2005, by Laces Eel, Rees fear TS ‘2 T3Naen ya 2001 ‘Sel Above of Ein. Money, crs, Vo 2p. L.14; SN a ly 28,201, 6. 951. “BaieSSecamassewosss ‘that UTL-763 as been offically given to Buh He also confirmed that his ‘permanent appointment was approved and given in September 2010 by the fccused, who was then mayor of Bula Mr. Rommel P. Bustarga is « permanent driver at the Municipality of Bula since February 1998. He testified that he drove al types of vehicles of the municipality including UTI-963. He corroborated the testimony of Mr. Edwin Monoy that multi-purpose vehicle UTI-763 was the one given to ‘the Municipality of Buh. He stated that he used to see the vehicle being driven. by the driver of Bui at the Bicol Medical Center in Naga City, Camarines Sur bringing in patients and other stuff when he was sill diving UTI-963 to bring in patients there too back in 2013 until he same had to undergo repairs. Daring his direct examination, he identified his Judicial Affidavit” and the photographs of multi-purpose vehicles UTI-763 and UTI-963.” He alleged that UTI-763 was in Buhi because it need some repairs. When asked where UTI-963 was, Mr. Bustarga sai thatthe same was in repair shop in Pili, Camarines Sur On cross-examination," he testified that he was already a driver atthe Municipality of Bula since 1995 and since then, he has not seen the subject ‘hile UTI-763 a the compound of the said municipality asthe same was in the Municipality of Bui and stil in their possession. He confirmed that he ‘went fo Bult in July 2021 to verity the plete number of the multi-purpose vehicle there and came to know tht itwas indeed UTI-763. He stated that he took pictures of both vehicles UTI-763!" and UTI-963 aso in July 2021." Benjamin S. Decena, the accused himself testified! that atthe Gime material 0 these cases, he was the mayor of Bula and Salvio Fortuno was the Congressman of District § of Camarines Sur where the municipality of Bula belongs. Sometime in December 2012, just months before the Local and National Eletions of 2013, Congressnien Fortuno gave thes (3) multi purpose vehicles tothe municipalities of Buh, Bula and Nabua ‘A short ceremony was held in Buhi in view of the presentation and delivery ofthe said vehicles which he and the other mayors attended, During Admini: Ai iDrive ft LGU Dat Red V2, 1 "Sala it of Ronmel args, Resor Vo 2p. 9-05 T8N ed Ob 1, 2021p. TiS wg ots eb Sa Bin este a -f—Prahofte matprpos vehicle etl rene UTI conning f'n ot paren, tc orion Isat sheng {ii ous Goermen f Bl Conars urls te an om ontario", ar aber} Compa peo feng ogaps oe ne veil "0">) ‘TNS Ge 8209p 123 ‘3 Bhd ante mings: TSM ded Ober 231 p20. ° J Ato Bejrin Deen ed Mach 2, 02, Recor, VoL 2, pp. 272.285, oyPepi Benjonie Dee the ceremony, the vehicles were lined-up. He identified the vehicle intended {or Bula as it bore the marking: “A Project of: Cong. SAL FORTUNO s™ ‘District, Camarines Sur LOCAL GOVERNMENT UNIT OF BULA, ‘CAMARINES SUR Thru the effort of: Mayor BENJAMIN S. DECENA. ‘Accordingly, he was asked to sign an invoice-receipt prepared by the ‘Municipality of Buhi. Said vehicle was given to Bula without any consideration, so they presumed that it was free. It was then brought to Bula by its driver-employee and became part ofthe carpool of their municipality However, the OR/CR of the vehicle was not delivered tothe municipality until hn stepped down as mayor, so they were notable to countercheck the details ‘with the invoice-eceipt he signed during the ceremony. He signed the invoice-receipt indicating plate number UTI-763 because he trusted thatthe ‘documentation was in order. He also believed that it was just a mere ceremonial signing as they were told that proper documentation will later be prepared and complied with simultaneous tothe tumover of the owner's e of the OR/CR of the vehicle given. The municipality of Bula has been in possession of UTI-963 while UTI-763 remained with Bubi. He further ‘testified that he personally went to Bubi and saw UTI-763, the subject vehicle ‘of these cases, took stencil impressions of ts chassis and engine numbers and ‘matched it with the chassis and engine number stated inthe certified true copy Of the owner's copy of the ORICR of the same vehicle issued to him by Me. Vincent Dasmarits, He claimed that Mr. Dasmariias apologized to him and told him that he i willing to testify again to recant and correct his previous testimony although he feared he might be charged with perjury or false testimony if he ‘does so voluntarily, According to him, Mr, Dasmariias also confirmed that UTI-963 was the vebicle given and brought to Bula and that he got confused and inadvertently committed mistake in te preparation ofthe documents and didnot immediately notice it. He further testified that he also didnot detect the disecepancy because (1) he relied on the correctness ofthe ats of another LGU; (2) plate numbers UTI-963 and UTI-763 are closely alike; and (3) the complete documents of the vehicle given are yet to be received but did not ‘even up to the end of his term as mayor. During his direct examination, he identified Exhibits “8” to “8-2""™ and +9" to “9-g".* He also identified the certified true copy of the OR/CR™™ of the subject vehicle UTI-763 issued by Mr. Vincent Dasmarifas as well a the stencil impressions of the chassis and engine cumbers™ ofthe same. Sowing pars aie win pte no, UT.6 beg te mn “APROIECT OF Cony SAL. FORTUNG Si Dist CAARINES SUR MAYOR REY P. LACOSTE BUM, CAM. SUR BROW 1 Sowing pas fo whe wih po, UTES bearing he mating: “A. ret of Cong SAL. FORTUNG Sh Dis CAMARINES SUR LOCAL GOVERN UNIT OF BULA, CAMARINES SBI Ti heer of apo BENIAMINS. DECENA™ Prroibe-b"~ CR No. TeShbe-~t> OR Ne 381260. eee a /He added that he did not receive the demand letters allegedly sent to him by the municipality of Bula and he only came to know about these demand letters when he received a copy of the Complaint-Afidavit of Moises P. Soreta and Carlos R. Pontanal from the Office of the Ombudsman, which mentioned the same. He said that the Registry Return Receipts from the Postmaster of Bula, Camarines Sur were fabricated because Bula does not have aPostal Service Office. He confirmed that UTI-963 is in Bula while, the subject vehicle, UTI-763 remains in Bubi, (On eross-examination,! accused confirmed that he drove alone to Barangay Sia. Justina, Buhi, Camarines Sur to see the subject vehicle and personally took stencil impressions of its chassis and engine in the presence cof a barangay offical. He maintained that he never made an admission that he received the subject vehicle UTI-763 and claimed that what Bula actually received was UTI.963 while the subject vehile UTI-763 remained with Bub He sai that he did not notice the discrepancy as he trusted the correctness of the documents prepared by the municipality of Buhi and Bula was not given the owner's copy of the OR/CR of the vehicle to verify. He added that what ‘happened was a mere ceremonial signing ashe was promised thatthe pertinent documents will then be given to Bula immediately thereafter but never were until he stepped dovin as mayor ofthe municipality. On reiect examination, accused tested that at the time he took the stencil impression ofthe subject vehicle, UTI-763, twas in Brgy. Sta. Justin, Bubi, Camarines Sur, He described the markings on it as: A project of Cong, Sal Forno 5* District Camarines Sur or Mayor Rey P. Lacoste of BBuhi, Camarines Sue""® He also described the markings on UTI ae: “A project of Cong. Sal Fortuna $* Distict Camarines Sur, Local Goverment Unit of Bula, Mayor Benjamnon S. Decena and thr the effort of Mayor Benjamin S. Decena”"!” He mentioned that he only discovered the switch during the testimony of defense witness, Edwin Monoy. He ‘maintained that while the invoice receipt he signed indicated that what he received was the subject vehicle UTI-763, said vehicle was never delivered to Bula. It was the vehicle UTI-963 that was delivered shown by the visible 1arkings indicating that it was for Bula He reiterated didnot noice the Aiserepaney because they were not fumished a copy of the ORICR of the ‘vehicle given to them for them to check whether the documents matched with the actual viele delivered On re-cross examination, he maintained that what was actually Aetivered to Bula was UTI-963 as UTI-763 remained with Bubi ‘Tw de pe 5,202. 3853. Cy / ‘e-TNaied Ape3,202, 9 3 eiDeson Paget Sore cecessewasss ejnin': Dena ‘Thereaier, on April 11,2022, the defense fled a Motion for the Issuance of Subpoena Duces Tecum & Ad Testificandum' 10 (Ms. Salve C. Libardo, Punong Barangay, Barangay Sts. Justina, Buhi, ‘Camarines Sur which allegedly where the subject vehicle UTI-763 is being used asa Barangay Service Patrol. Said motion was vehemently opposed"? by the prosecution on the ground that said witness is not among those specified in the Pre-Trial Orde "* Consequently on April 21,202, the Cout denied" it for lack of merit. Following such denial, the defense filed a Motion for Leave to Recall Accused to the Witness ‘Stand and to Admit His Hereto-Atached Supplemental Judicial Affidavit dated April 29, 2022, to testify on the certification" he secured from the Office of the Punong Barangay of Barangay Sta. Justina, Buhi, Camarines Sur, atesting that “Xxx the Barangay Service Patrol of Sta, Justima Buhi, Camarines Sur, with Plate No. UTI763 sill in the custody of the said barangay at present it is unserviceable" Said motion was granted!” by the Court over the oppesition ofthe prosecution. The accused was accordingly recalled to the witness stand ‘who testified on his Supplemental Judicial Affidavi ‘Accused then testified further that on April 8, 2022, he went to the Office ofthe Punong Barangay of Barangay Justina, Buhi, Camarines Sur and secured a certification attesting thatthe subject vehicle was delivered to the said barangay and is sll with them. Punong Barangay Salve C. Libardo and hher Barangay Kagawad, Salome San Antonio, accompanied him and his group to the area where UTI-763 was parked. As such, he and his group were able to see and verify that the barangay. Photos of UTI-763 were taken with Punong Barangay Li Barangay Kagawad San Antonio standing next to it. A certification confirming that “Xoo the Barangay Service Patrol of Sta. Justina Buhi, Camarines Sur, with Plate No. UTI 763 still in the custody of the ssid Darangay at present it is unserviceable." was issued. He identified Exhibits 10, 10-0, 10-5, 10-11 Speco, Vol 2pm a5 " OpesitnoNa he suneo Supets Dues Tecun & Ad Teco td A SEED Accu Den) ee ig 8, 182 Rec 5006 \ eso, Vay 18-day 12288. 4 “Mie ft eg de pe 2, 20,831 ‘ot nt a 2.8 ao "Cares ded Ape, 22, Rec VoL 2,p.3,Deaice Pages Pepe ayaa 8 Dees On direct examination, he testified!" and identified Bhibite “4g gh og be eg gt ggg ght Having concluded his presentation of evidence, the accused thereafter filed his Formal Offer of Evidence dated May 16, 2022." ‘The prosecution filed a comment”? thereto. The Court thereafter resolved to admit™* Exhibits “I”, 2", “3” to “3-2”, "4" to4d”, “5”, “6°, “7" to “7-2, "8" t0"8- 4, “9" 109-9", "10" to “10-<", and “11”. The tender of excluded testimony fof Salve C. Libardo, Punong Barangay of Brgy. Sta. Justina, Bubi, ‘Camarines Sur was duly noted by the Cour, ‘Thereafer, the prosecution fled « Motion for Reconsideration (of the Court's Resolution dated 30 May 2022) With Manifestation dated June 9, 2022" asking the Court to reconsider the order submitting the cases ‘or decision and to allow the prosecution to present its rebuttal evidence, ‘whieh the Court granted" despite the commentoppostion"® ofthe accused Rebuttal Evidence Adiltional witnesses were presented during the presentation of the prosecution's rebuttal evidence, namely: (1) Atty. Anthony C. Nuyda, ‘Regional Director, Department of Interior and Local Government (DILG), Regional Office V, Legaspi City since December 2018. As such, he exercises delegated authority in the implementation of the Department's plans, programs and activites in the local government sector; administers and ‘manages affairs of the Regional Office and monitor the implementation and ‘compliance tothe rule, regulations and other issuances pertaining to local ‘goverament and. governance;!® and (2) Mayor Amelita A. Thasco, ‘incumbent Municipal Mayor of Bula."* SSN ded Ap 520% pS "Gani Te Coy ibe eee of epson No, 163059460 UT 163 ded Semy 1,201, Gani Te Cay tne Ofte Resp No S209 of TL cae amy 1,203, ey nia Dsus ede beta f Cat Atos & Serves He Cap, ‘Srl tbe age of UTS benno R543 pec Val 2p. 352.368 "Garces Deore Ofer fie ete My 27,202, Reco VoL.2pp. 366+ Smsrasea "tof proses eld on M3202, Recrs, Vl 2, pp. 37437 "hurr Val 2p esr Val 2.34.98; 39-40 Reston de ay 2,22, pp. 2608. : GonmestOppesta dae! Ie 30,2 srs A161 421-28, "Recor Vl 2p. 8 Vel Ai oy. Any C. Nyda CESO I SRD, ar come ee /| Der eT dd i 7,200, 33358essen Tage 16 Pepe Bejan Dc Atty. Anthony C. Nuyda testified" that his Office received a letter ated March 5, 2020" from Mayor Amelita A. Ibasco requesting for a comment or legal opinion if she can officially accept accused ecena's written intention to return one (1) unit multi-purpose vehicle borne inthe latter’ letter to her dated February 21, 2020"”. In response thereto, a letter dated March 20, 20204 was sent by his office to Mayor Teasco informing her to accept the vehicle subject to proper documentation. On cross-examination, Atty. Nuyda confirmed that giving legal opinion is not ‘included as one of his regular functions. But he stated that about any letter query, the legal office drafts the response to it then he or the Assistant Rogional Director signs it. On re-irect examination, he confirmed thatthe letter dated March 20, 2020 is the official response of his office to the letter inquiry of Mayor Ibaseo, ‘Thereafter, the prosecution presented Mayor Amelita A. Ibaseo wino testified that she received a subpoena asking er to produce the letters dated March 20, 2020,"" March §, 2020" and Februsry 21, 2020." Dring her direct examination, Mayor Ibasco produced and identified the sid documents. ‘On account ofthe leter ofthe accused dated February 21,2020 signifying his Inent to retum “one (1) unit multipurpose vehielemini-ambulance,”™ she ‘went to Congressman Fortuno to confirm whether he really gave the subject vehicle to the Municipality of Bule or to. accused Decena himself. Congressman Forsuno tod her t get the vehicle because it is for the ‘Manicipalityof Bula nso far asthe request of Mayor Decena forthe release otis terminal lave, she wrote to Director Nuyda regarding the same. She she did not release his terminal leave because the accused has not sulted the required documents and he has not returned UTI-763. Instead, ‘what they found inthe compound ofthe munieipality was UTI-963 ‘Thereafter, the prosecution orally offered Exhibits “N”, “O", “P", “Q” and their subsmarkings. After being commented on by the defense, the same ‘were admitted by the Court on August 17, 2022.45 Following the rebuttal evidence of the prosecution, the accused filed a ‘Motion forthe Issuance of Subpoena Duces Tecum & Ad Testificandum dated a ag a tno ay Ang C8 Ra De, Fee ce ase NT sea. SEREESS 5 remarry st a mat fecbige ie rate tet at cg on Be se epee fae a esos on, "oc Woh. 9 455 5 Atv was neu by Maye Ai Shas,August 30, 2022 asking the Court to allow him and ‘Mr. Vincent 8. Dasmarina to be recalled to testy and prove that UTI-963 ‘was one ofthe multi-purpose vehicles distributed by Congressman Fortuno and to issve subpoena dices tecum & ad testificandum for Mr. Dasmariias ‘which the Court granted over the vehement objection'™” ofthe prose ‘Resolution dated September 13,2022. Sur-Rebuttal Evidence ‘The defense recalled the accused to the witness stand who testfied* that hei familiar with and confirmed the letter dated February 21, 2020 which ‘was testified to by Mayor Amelita basco. He wrote the said letter as pat of his efforts to secure the release ofhis benefits from the Municipality of Bula. He admitted that he stated in the said letter his intention to “officially tumover” one (1) unit multi-purpose vehicle/mini ambulance to the ‘municipality which has always been in its possesion, He explained that he simply wanted itto be officially noted to facilitate the release of his terminal leave benefits. When inquired on what multi-purpose vehile he was referring to, he replied that it was UTI-963. He alleged that the ownership of the said ‘wohicle was never transfered to Bula but only the material possession as there ‘was neither any deed that was executed to transfer its ownership nor its certificate of registration and original official receipt tumed over to them ‘during his ineumbency and no donation over the vehicle was likewise ‘execuled. He suid thal the onginal O/C of the vehicle are with the ‘Municipality of Bubi. He was able to obtain certified true copies of the ‘owner's copy ofthe OR/CR from them through Mr. Vincent Dasmariias who issued the same, He identified UTI-963's Certificate of Registration! and Official Receipt during his direct testimony. (On erass-examination,*" accused Decena stated that was only now that Ihe gave the statement of informing his intention to officially turn over the spose vehicle and that the same has always been in the possession of the Municipality of Bula. He too confirmed that this matter was not stated in his counter affidavit. On re-direct examination," he explained it was only ‘during the presentation of Edwin Monoy that he first leamed thatthe vehicle possession of Bula is UTI-963. On re-coss examination, he testified that after discovering the enor, he immediately went to the Municipality of Buhi to verify whether it was really UTI-968 that was brought to Bula and got @ is Res, Voy. 78510, "Operon ton rane Sepa Dees Tou Ad Tosa (Gand Avast 30, 202 sce Dec, eco, Vb 3p. 2022 Just Aft of Soni Cea Res, Vol 3p 37-42 TSN DATED See 28,202, ‘en Bi -Deem Soe - Caen of Rein No 1280535 aed ny, 203, eet Neue Sepenber 3s, 2, pp eS ‘TaN eie Seon 28, 222 p "8 TSN die Spb 2, 212.162.Fle, emi est conified true copy of the ORICR of the seid vehicle which Mr. Vincent Desmarifas issued. Answering to the Cour’s inquiry on the vehicle he was referring to in his ltr dated February 21,2020, the accused ‘mainteined tat he was referring to UTI-963."" Following the recall of the accused, the defense presented tothe witness stand, Mr. Vincent Dasmarifias who brought with him the COR/CR of UTI-963 as ordered. Before the conduct of his direct examination, the parties stipulated that Mr. Dasmarifas is familiar withthe multi-purpose vehicles UTI-763 and UTI-963 being the head of the General Serves office ‘of the Municipality of Buhi who has custody of the owner's copy of the certificates of registration and original official receipts of both vehicles. They too stipulated thatthe said vehicles were among the vehicles distributed by ‘Congressman Fortuno, (On direct examination,” he related that he was present when the said vehicles were turned over by Congressman Fortuno, He confitmed that he ‘was the ane who prepared the invoice receipts and had it signed by the proper authorities. He stated that there were three (3) multi-purpose vehicles given, (One went othe Municipality of Bula, another one to the Municipality of Buh and the thi one was given to San Ramon Munieipal Hospital. He said that he was not familiar with the plate number of the vehicles given to each recipient, However, upon delivery of the vehicle there isa sticker on the vehicle corresponding fo the rexpient that 8 how they know that the vehicle belonged to them. He identified Exhibits “8.", 8.6", and “B-E"; 5, 6,7 sur- rebuttal ‘On cross-examination,* Mr. Dasmaritas confirmed that he sill has in his eustody the invoice receipt he testified on and identified as Exhibit “B" of the prosecution and there was no coretion made thereon. He admited that ‘vas the same document that he asked the accused to sign during the tum- over ceremony. About the sicker on the vehicles UTI-768 and UTT-963, he said that he didnot know who made them, he just saw them as already onthe ‘hile. He too didnot inspect the vehicles. He only saw the vehicles when the same were released tthe recipients. He was the only one who prepared the invoice receipt. He confirmed thatthe actual dstbution ofthe vebicles ‘would be based on what was indicated inthe invoice receipt for property he repared, which indicated UTI-763 asthe actual vehicle received by accused Decena Answering the inquiry ofthe Cour, he related that he was the one who asked accused Decena to sign the invoice receipt after he checked the entries Sears ow }Seiecamasswmosss ee Fence Bena Diera thereon. It-was Mayor Lacoste who turned over the possession ofthe subject vehicle to the accused! Having concluded his presentation of sur-rebuttal evidence, the accused filed his Formal Offer of Evidence dated September 30, 2022," which the prosecution commented on. The Court, upon consideration of the offer and the comment, resolved! to admit Exhibits “I-Sur-Rebuttal” to “*J-Sur-Rebutal” over the objection ofthe prosecution. The Court gave the parties ten (10) days within which to iether respective memoranda, noting ‘thatthe cases shall be deemed submitted for decision upon receipt of the said ‘memoranda othe lapse of time to do s0. ‘Thereafter the prosecution! and the accused! filed their respective memoranda Issue ‘The issue here is whether accused Benjamin Decena is guilty of violation of Section 3(¢) of RA. No. 3019 and Malversation of Public Property under Anicle 217 of the Revised Penal Code. Rolling ‘Grounded on reasonable doubt, the Court holds accused Decena not ‘criminally Liable for Violation of Section 3(@) of RA. No, 3019! and ‘Malversation of Public Property under Article 271 of the Revised Penal Code." The prosecution failed to establish the corpus delit! to warrant @ ‘conviction in these eases. ‘Say cand epee 28 pp. 585. "Dt Fr Oe oe On nut) od See 30,23 Rec Vl. 5 "toma Del Of enon Sa ae Sper siete ght once 2 ety Ya 3p. 709, "Morden dtl Novenber 20, Records Vol 'S Meenas sed Osher 93023 Reads VOL 3,9 '9S2e3 Caray pacts opens ao ts ali ying te ning ha ena spt rani 9 pb de ey eee an (caring my one nr 0 ay pring he Govern. raving any it party ay ‘twa ani dcp eens ts dace of fel inner al ‘cts ih ant ara, ee a fh egos exe epee, Tes vn ‘hao aia ad omplyes ote gnc’ corprsices rps wih he at of Teen pris ote cones. % ag. 217. Nae of pide or papery — Presantion omarion — Ay pb ‘rw yearn of ee ofa ote acne pe opal {poet eo snl er aap ales heh tare ‘lz, al pei any eee ponons ke sh pb adr or proper, ly or pri eu— Pag 20 SBreca Mase moss Pope Bejol'S.Den Corpus delit refers tothe body, foundation or substance ofa crime. It refers tothe fact ofthe commission ofthe crime." For ito be proven, the prosecution must present the following elements: (8) that a certain result or fact as been established; and (b that some person is criminally responsible forit.! Itisa well-settled principle of criminal law that aconvietion for rime ‘cannot be had unless the corpus delit is ist established.” ‘The Informations in these cases explicitly alleged a government car/motor vehicle deseribed as 2011 model Mazda Bongo HSPUR with plate ‘number UTI-763 asthe subject vehicle which the accused failed to retutn viz ‘Criminal Case No, SB-18-CRM-0S34 ‘Violation of Section 4) of A, 3019 ‘That on 30 June 2013, oF sometime prior or subsequent thereto, in ‘Bula, Camarines Sur, Philipines and within the jarsiction of this “Honerable Cour, accused Benjamin S. Decen, a pli office, being then ‘the Municipal Mayor of Bula, Catharines Sur sod as such ie sccounable forthe municipal properties recived or entrusted to him by reason of his sion, commiting the cine in elatioa is office and taking advantage ‘this ofa position, acting with evident ba ih, manifest partiality or ‘ros inexcusable negligence, di then and thee wily, nlawfly and iinally ease undue jury to the government in te amount of PRP £499,999 00 by retin o return afer the expiration of i term ss Mayor, ‘a government car described as 2011 model Mazda Bongo HSPUR mith ‘late number UTILTGS, valved at PAP 499 99.00, which vehicle accused fad eve reoved nd was under his posession and eorvol when he wes sill the Mayor, tthe damage and prejudice of the government in the _foesid amount CONTRARY TO LAW. (Emphuss supplied) “Malverstion of Poblie Property ‘That on 30 June 2013, oF sometime prior or subsequent thereto, in Bula, Camarines Sur, Philippines and within the jurisdiction of this Honorable Cour acused Beajain S. Decena, a public ocr, ing hen ‘the Municipal Mayor of Bula, Camarines Sur anda sch is accourable ‘a ober e uy oe mbspreran calves sch ds er oper tal se 2. Tapa of rn ger ini tnd ai pro ite moa ines mr om ory tn ps0 dow tot xe Omen wo han ow soe reone0) “So ei Bae GN. 280423, 288, ‘The Ps oh Piipine dv. Ong Cit La a, GR No. 39086 Ober, 194, wefDeion Pae2t People v Benin 8. Deene forthe municipal ropes received or entrust to im by reason of his postion, ating in relation to office and taking advantage of his oficial Postion, aid. then and. thee wilfully, unlawfully and_eloioasly ppp, ake, misappropriate or consent or pemit another to take for his own personal use and benefit a government motor vehicle described ‘Mazda Bongo HSPUR, 2011 adel with plate number UTLT63 with {unit eost of Four Hundred Ninety Nine Thovsand and Nine Hundred ‘Ninety Nine Pesos (PLP. 499 999.00), which was. ocquted by. the icp rom the Munsipaiy of Bub, Camarincs Sur, by ot turing ‘over the snd vehicle to the municipality after hs tem office ended, to ‘he damage and prejudice of govemment in sai amount. ‘CONTRARY TO LAW. (Emphasis supli) Considering the allegations in the aforesaid Informations, the corpus delit to be established by the prosecution to warrant a conviction in Criminal Case No. SB-18-CR-0534 for violation of Sec. 3(@) of RA 3019 consists of causing undue injury to the government in the amount of Php499,999,00 through evident bad faith, gross inexcusable negligence or manifest partiality ofthe accused for his refusal to return the subject vehicle UTE-763 entrusted to him by reason of his position as Mayor of Bula after the expiration of his term as mayor of the municipality. Similarly, in Criminal Case No. SB-18-CR-0S35 for Malversation of Public Property, the corpus delet is the taking ot appropriating for his own personal use and benefit the subject vehicle UTI-763, for which he is accountable, by not turing over the said vehicle to the municipality of Bula alter his term ot ottice as mayor, o the damage and prejudice of goverment in the amount of Php499,999.00. Essentially, the charges were anchored on the premise that what the accused received under his care from Congressman Fortuno was the milti- ‘purpose vehicle with plate number UTI-763. However, while the prosecut showed the Invoice-Receipt ofthe vehicle with UTI 763 signed by the accused indicating his receipt of the said vebicle, there are evidence suggesting otherwise, ‘The testimony of Edwin Monoy, Administrative Aide VI, “Heavy Equipment Operator lof the Municipality of Bula clarified that among, the three (3) vehicles distributed by Congressman Fortuno, the vehicle he drove forthe Monicipality of Bula was the vehicle UTI 963 while vehicle UT 763, the subject of these cases, was with the Municipality of Buhi. He catezorically testified! as follows: ATTY, FONTANILLA: ox (Now, Mr Witnoss, kindly go over that Judicial Agata telus ou confirm and affirm the contents of iPepi Benjamin Dts {Pakibesa po ang inyong Jie Aa ot pot knpirma _poang mga nalasaad dio sa bye Sui AfSGavi2] (The witness poring his ui Aoi) Including the contents, kindly 0 over he contents and el us ityou confirm and afi everything thts contained in hat Soil Advi? [Kinukumpirma po ba Ninyo na ito and inyons Suc Aidvit a ang mes nakasoon cto?) ‘Yes, Sie, Teotiemed, Iseverything comet? ‘Fama po ba tahat mga nakasad po doa Inyong Sui Midori?) -Excop, Si the plate umber ofthe ea tated in hoe Si {Mabibong po s plate number ng sasokyon, Si] ‘Me. Wines, you sid that everthing is correat here except te plate number, you mentioned, wha plate number ate You referring, Me. Wines? {asa inp po, Si; na lahat po ito ay tama mallban po ‘don splat number ng saseiyan,amung pst number po ig 'nsalyon and inong sna, Sit?) ‘The one I ov, Sit rang menamenc bong sszaban) Kindly meaton it, Mr. Witness, what exactly the plate umber are you refling therein your Judea ATi? [Pakisbt po kang ang ebsakong pate number ang nyont ‘snaabi po sa Till AMdavt27 ‘This plate number UTI763, Six INTERPRETER “Te witness is pointing to Question ad Answer No. (3. ATTY. FONTANILLA 8 "You ae referring to plate number UTI-763 So, kindly ell ws whats wrong there, Me Witness? [Anu po and mats bakit po rinyo nbangit a malian plate voesion Pepe Benoa: Dee a Kine Pages “The vehicle wth the plate number UTI-T63 is wih Bui, Camarines Ser, Sir? ‘Phang UT1763 am po ey nase Bui, Camarines Su] So, what isthe correct plate numberof the vehicle that belongs to Bula, Camarines Sur, Mr. Witness? {nu po oe tamang plate umber ng saab na nasa Bula, Camarines Sur?) UTT.963, Sie ingly tel us, Me. Witness, why were you able to confi, ‘hat and core that plate number? Mt, Wises, paonn po nino nasab ang ing snabi ma conection umgol sa plate number?) 1 reviewed my awe, Sir, nd I the vehi, Fntied the the pate nomber is dierent twas UT-563. [Kasi review koto oh at ska nog pogkaita ko sa plaka rng sesh ba pola UTLS63,) What else di you 6, Me, Wines, ater you reviewed the plate umber of the vehicle that belongs to Bula, Camaines Ser {rs po ang gina nin paghatpos po inj nizeview na ‘ang plate mumber ay nasa Bude, Camarines Sw na may Pate ‘umber na 72-9637) Hook pete fit, Sir Answering the Couns query, Monoy clarified and described both vehicles in this wise: HON. CORPUS-MANALAC @ Forclarication Mr. Wines, you have Been mentioning thst you drove a vehile with plate mumber UTI-763, but you over descibe tous what ype of vehicle was this bearing te ple number UTI-763, ust for larson, ean you dese {o.sthe kind or ype o this vehicle? (Pak describe po kung anang Kaseg ssekyangitong may plate number na UT-7632) ‘Van po siya Mazda amare. Cofee ean ne HON, CORPUS-MANALAC A Xo ‘Van Mazda ‘What coor, Mi: Money? ‘Yellow po, Ma'am, But you are sure thatthe plate number attached to this vehicle is the one with UTIET63? {Surepo kayo ne ang pate number na nak tached doom ay urnvasey No, Your Honor, because I took » picture of it nd the plate number is UTL963? So, everything that you sted in your leila AMV ks wrong? abat po ng iyo Binanggi sa nyong Judicial Adit ay mali?) [eas the plate number tat wanted o correct in my Fic Atha [Yun nga pang tna ko sung plaka] ‘So you ae now saying that the yellow Mazda vice that you drove as Administrative Aide inthe Municipality of Bula bears the plate umber UTE-963 and not UTI-76S, tama po ba? Land dindrive nino po ay bilang Adminsratve Aide se {LGU Bata ay ang asasatyang may plate number UTI-963 at hind ang C783, tama po ba? ‘Yeu, Your Honor. ‘When the prosecution inquired on the whereabouts of the subject vehicle UTI-763, Monoy distinctly answered: Xoo PROSECUTOR MURING Me Witness, were it now this vebicle wih plate number ‘UTI-76, te Mazda Mulipurpse vetile? (aszan po ngoyufn) ong sasabyang may plate number LUTET63, Masda hutippase?] A Inte Municipaiy of Bub, Si2s Pepe Beye S Dea (On re-eross exatmination,|”" Monoy related!” e a Me. Witness, cae you answered, tat you took pctres of the Maaia vehicle Wid plate number UTE763 in Bubi, Caries Sur, core? Yes, Sit ‘Yo were saying that tin the possesion of LOU Bub, Camarines Sur, corect? [Nasa Bub po ang ssskyan na platen ninyona may plate ‘numer UTI-763, ama po ba? Yes, Si. ther than those document, supposedly you bave taken of the subject vehicle, do you heve any aber docimentary proof, Me. Wines, hat the Mazda motor vehicle wit the Piste number UTI-763 was oficial dlivered 10 the Municipality of Buti, Camarines Sut? [Mayroon be kayong bung dockurento o prueba na ang Ssakyang (se) sa ray plate numer UTI-63 ay ofSilly sna sa Bui, Camarines Sur? ‘No otter documents, si, only these pictures, Si ‘This statement of witness Monoy is bolstered by the photographs of vehicle UTI 763 as Exhibits “5” to“7"- Sur Rebuttal showing the said vehicle bears a sticker of the Munici ity of Buhi, Camarines Sur donated by Congressman Fortuno. Monay further explained" HON. JUSTICE ARCEGA xxx 2 Do you have the habit of going to diivent municipalities ‘heck onthe vehicles? Kayo po ba ay nagpuputa sa tha’ bang mantipyo para tignan eng mg ssc?) A NowYourHonoe — OnyinBanir A Yes, Your Hono. ee eroaervacamers, % PT dtd 2, 22, 50.Pagea6 People Beso. Dcna e A Xxx ‘why? Why only in Bui? (Paki sa But lang po Myo tnignan ang sasalyan?) Because I was confused, Your Honor, thi the vehicle ‘mento in my Judicial Affidavit is the veicle with the plate member UTI-763 and as fr as know its a BU (Kast po nagiaka na ying Juical Affidavit ay may plate ‘number ng UTE763 ayymg and nas Bui} So, you were jst carious, 60 you went 0 Bubi ofall ‘Murisipaies? {Nocerous lang po kayo haya gusto Nino malaman haya mnt kayo Buh? ‘Yes, Your Honor, 1 wanted to confirm and to clear, Your Hoe po gusto to lang malaman para ma clear) Rommel Bustarga, a Driver ffom the Municipality of Bula, ‘corroborated the testimony of Menoy and testified, to wit: Q a ‘Mister wines, where is now the vebicle wih Pate No. UTI 763, ifyeu know? 1 Is already in Bui st, Because it needed some ropa ‘Miser witness, why do you know thatthe vebile with Plate No, UTI 763 iin Buhl, Camarines Sur ‘When Is sent subpoena lat July, L went 10 the gage of Bub to check the vehiele with PateNo UTI F638 ATTY, BARROGA: (othe wines) Q Mister witness, you identified also pictures of the ‘vehicle with Plate No. UT1963 mated ss Exhibit" ‘eres. Now, where is now the veel wih Plate No, 1011963, iFyou know? Teisals inthe garages, sit. Halso needed some repairs [isin the repar stp. Sawa ocabe aap 82 a