The Supreme Court overturned the Sandiganbayan’s conviction of several individuals, including a former Sanggunian Panlalawigan member, in a case involving alleged ‘ghost employees.’ The Court found that the prosecution failed to prove beyond reasonable doubt that the accused individuals did not render actual service and acted in bad faith. This decision highlights the importance of establishing malicious intent in cases of falsification of public documents and emphasizes that good faith and actual service can negate claims of corruption.

When Public Service Blurs the Lines: Good Faith vs. Falsification in Davao Oriental

In Davao Oriental, a complaint sparked a legal battle over alleged ‘ghost employees’ in the office of Ma. Consuelo Toroba Palma Gil-Roflo, a member of the Sanggunian Panlalawigan. Raul M. Antopuesto, a media practitioner, claimed that Rosie Bajenting, a former administrative aide, had informed him that several individuals—Jerico O. Ebita, Norman Jay Jacinto P. Doral, Derrick P. Andrade, Sergio U. Andrade, and Chona Andrade Tolentino—were ghost employees of Roflo. The prosecution argued that these individuals, purportedly job order employees, were actually Roflo’s house helpers. This case questions whether these individuals legitimately served the public, or if they fraudulently obtained salaries at the expense of the government.

The prosecution’s version centered around Bajenting’s testimony, alleging that Roflo instructed her to include the names of the accused-appellants in the Human Resources Department (HR Department) for contracts of service, falsely representing them as job order employees. Bajenting claimed she prepared Daily Time Records (DTRs) and Accomplishment Reports (ARs), even signing some on behalf of certain accused. These documents, according to the prosecution, allowed the accused to collect salaries from the provincial government, causing damage to the government. Bajenting also stated that the accused-appellants salaries were deposited in Roflo’s personal account. However, Bajenting admitted to being dismissed by Roflo and facing criminal charges herself shortly before filing the complaint against Roflo. Carmencita E. Vidamo, a university official, testified that Derrick and Sergio were students during the relevant period.

Roflo, on the other hand, contended that the accused were legitimate job order employees assigned to her satellite office in Davao City. She explained that the satellite office provided services to constituents, including assistance to indigent patients. According to Roflo, each accused had specific roles: Sergio as security aide and radio operator, Chona managing the office, Derrick as an alternate security aide, Norman as researcher and liaison officer, and Jerico also performing research. Roflo stated that she did not impose specific work hours, as job order employees were not regular government employees. She also emphasized that DTRs were prepared by staff in Davao Oriental and signed by the employees, and that the entries were based on the HR Department’s advice. Roflo highlighted that Bajenting’s complaint was motivated by her dismissal and subsequent charges against Bajenting.

Reynaldo T. Bicoy, Human Resources Manager (HR Manager), confirmed that there was no rule prohibiting the assignment of job order employees outside the province and that working students were not disqualified. He acknowledged the practice of DTRs and ARs being prepared for convenience and sent for signature. The accused corroborated Roflo’s testimony, stating they were legitimate job order employees, signed their DTRs and ARs personally, and followed the Accounting Office’s directives regarding time entries. They believed they were required to render 40 hours per week without strict adherence to official time.

The Sandiganbayan found the accused guilty beyond reasonable doubt of violating Sec. 3 (e), RA 3019 and falsification of a public document under Article 171 (4) of the RPC. The Sandiganbayan found the signatures of Jerico, Norman, Derrick, Sergio, and Chona in their contracts of services, DTRs and ARs as forgeries. It reasoned that Roflo acted with evident bad faith by repeatedly signing the DTRs, ARs and contracts of service of Jerico, Norman, Derrick, Sergio, and Chona despite their non-rendition of work. The Sandiganbayan was not persuaded by the defense that Jerico, Norman, Derrick, Sergio, and Chona, were able to adduce sufficient evidence to prove that they truly worked in the satellite office of Roflo in Davao City.

The Supreme Court disagreed with the Sandiganbayan, stating that in all criminal prosecutions, the prosecution must prove beyond reasonable doubt that the accused had criminal intent to commit the offense charged. The Court pointed out that the defense submitted contracts of services, DTRs, and ARs, and service records to show that the accused were engaged by the Provincial Government of Davao Oriental as job order employees from 2001 to 2003. The Court stated that it is settled that the prosecution must establish the fact of falsification or forgery by clear, positive, and convincing evidence, as the same is never presumed. Under Rule 132, Section 22 of the Rules of Court, the genuineness of handwriting may be proved by a witness who believes it to be the handwriting of such person because he has seen the person write or by a comparison, made by the witness or the court, with writings admitted or treated as genuine. The Court pointed out that Fidela testified affirmatively that she personally witnessed the accused sign their contracts of services, DTRs and ARs. The Court found this to be direct evidence that the signatures were not forgeries.

The Court also found that the prosecution should have resorted to an independent expert witness who could ascertain the authenticity of the subject signatures, and who has the ability to declare with authority and objectivity that the questioned signatures are forged. Furthermore, the Court said that the subject contracts of services were notarized, and it is a well-settled principle that a duly notarized contract enjoys the prima facie presumption of authenticity and due execution. The Court found that the prosecution did not present clear, positive, convincing, and more than preponderant evidence to overcome the presumption of authenticity and due execution of the notarized contracts of services, and to prove that the signatures appearing thereon are forgeries.

On the finding that Jerico, Norman, Derrick, Sergio, and Chona are guilty of Falsification of a Public Document, the Sandiganbayan enunciated that they made untruthful statements when they indicated in their DTRs that they reported from 8:00 a.m. to 5:00 p.m. when in truth, they did not. The Court said that to warrant a conviction for Falsification of Public Documents by making untruthful statements in a narration of facts under Article 171, paragraph 4 of the Revised Penal Code, the prosecution must establish beyond reasonable doubt the following elements: 1) the offender makes in a public document untruthful statements in a narration of facts; 2) he or she has a legal obligation to disclose the truth of the facts narrated by him or her; and 3) the facts narrated are absolutely false.

The Court found that the element of malicious intent on the part of accused-appellants was sorely wanting. The Court also pointed to CSC Resolution No. 020790 dated June 5, 2002 which effectively removed the requirement mandating job order employees to render service only during the agency’s prescribed office hours of 8:00 a.m. to 5:00 p.m. The Court said that there could be no manifest deliberate intent on their part to do wrong or to cause damage to the government agency. The Court then granted the appeal and acquitted the accused-appellants of the crimes of violation of Section 3(e) of Republic Act No. 3019, and Falsification of Public Documents under Article 171 (4) of the Revised Penal Code.

FAQs

What was the central issue in this case?	The central issue was whether the accused were guilty of violating Section 3(e) of RA 3019 (Anti-Graft and Corrupt Practices Act) and Falsification of Public Documents under Article 171(4) of the Revised Penal Code, based on allegations of being ‘ghost employees.’
Who were the accused in this case?	The accused included Ma. Consuelo Toroba Palma Gil-Roflo, a former Sanggunian Panlalawigan member, and several individuals identified as job order employees: Jerico O. Ebita, Norman Jay Jacinto P. Doral, Derrick P. Andrade, Sergio U. Andrade, and Chona Andrade Tolentino.
What was the prosecution’s main argument?	The prosecution argued that the accused job order employees were actually house helpers of Roflo and her family and that they falsified their DTRs and ARs to collect salaries from the government without rendering actual service.
What was the defense’s counter-argument?	The defense argued that the accused were legitimate job order employees assigned to Roflo’s satellite office, providing services to constituents. They maintained that they rendered actual service and that any discrepancies in their DTRs were due to the accounting office’s requirements.
What did the Sandiganbayan initially rule?	The Sandiganbayan initially found the accused guilty of violating Section 3(e) of RA 3019 and Falsification of Public Documents, sentencing them to imprisonment and ordering them to reimburse the government.
What was the basis for the Supreme Court’s reversal of the Sandiganbayan’s decision?	The Supreme Court reversed the decision, finding that the prosecution failed to prove beyond reasonable doubt that the accused did not render actual service and acted with malicious intent. The Court also found the evidence of forgery unsubstantiated.
What is the significance of CSC Resolution No. 020790 in this case?	CSC Resolution No. 020790, which removed the requirement mandating job order employees to render service only during the agency’s prescribed office hours, was significant as it supported the defense’s argument that they were permitted to work outside regular hours.
What is the implication of this ruling for government employees and job order workers?	This ruling highlights the importance of establishing malicious intent in cases of falsification of public documents and emphasizes that good faith and actual service can negate claims of corruption. It also reinforces that job order employees are not strictly bound by regular office hours.

The Supreme Court’s decision emphasizes the importance of proving criminal intent beyond a reasonable doubt and the need to consider evidence of actual service and good faith in cases involving alleged irregularities in government employment. This case serves as a reminder that mere discrepancies in documentation do not automatically equate to corruption.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: PEOPLE OF THE PHILIPPINES, VS. MA. CONSUELO TOROBA PALMA GIL-ROFLO, G.R. Nos. 249564 & 249568-76, March 21, 2022