In a significant ruling, the Supreme Court acquitted Rogelio M. Pimentel and Herminigildo Q. Reyes of graft and malversation charges, reversing the Sandiganbayan’s decision. The Court found that the prosecution failed to prove their guilt beyond a reasonable doubt, primarily due to reliance on hearsay evidence and lack of concrete proof linking them to the alleged crimes. This decision underscores the importance of presenting credible, firsthand evidence in criminal cases and upholding the presumption of innocence until proven guilty.

Cementing Doubt: When Hearsay Undermines a Corruption Conviction

The case of People of the Philippines vs. Rogelio M. Pimentel and Herminigildo Q. Reyes revolves around allegations that Pimentel, then Municipal Mayor of Tago, Surigao del Sur, and Reyes, Barangay Captain of Unaban, misused public property. The charges stemmed from an incident in January 2014 involving 286 sacks of cement and 280 ten-millimeter steel bars intended for a local farmer’s association. The central question was whether Pimentel and Reyes conspired to divert these materials for Pimentel’s personal use, specifically for construction at his private resort in Socorro, Surigao del Norte. The Sandiganbayan initially found them guilty of violating Section 3(e) of Republic Act (R.A.) No. 3019, the “Anti-Graft and Corrupt Practices Act,” and Malversation of Public Property under Article 217 of the Revised Penal Code (RPC).

The prosecution’s case heavily relied on the affidavit-complaint of Edna M. Salamo, a former Barangay Captain, and the counter-affidavits of Pimentel and Reyes. Salamo’s affidavit alleged that the construction materials were transported to Socorro with Reyes’s approval and Pimentel’s instigation and used for Pimentel’s private resort. However, Salamo did not testify in court, and her statements were based on a Sangguniang Bayan committee report, making her affidavit hearsay evidence. The Sandiganbayan also cited admissions in Pimentel and Reyes’s counter-affidavits, where they acknowledged certain allegations in Salamo’s complaint. However, these admissions were qualified by their specific denials of any criminal intent or actions.

The Supreme Court meticulously analyzed the evidence presented. It emphasized that an affidavit is generally considered hearsay unless the affiant testifies and is subjected to cross-examination. In this case, Salamo’s failure to testify rendered her affidavit inadmissible as proof of the alleged conspiracy and misuse of public funds. The Court quoted Rep. of the Phils. v. Manotoc, et al., stating:

Basic is the rule that, while affidavits may be considered as public documents if they are acknowledged before a notary public, these Affidavits are still classified as hearsay evidence. The reason for this rule is that they are not generally prepared by the affiant, but by another one who uses his or her own language in writing the affiant’s statements, parts of which may thus be either omitted or misunderstood by the one writing them. Moreover, the adverse party is deprived of the opportunity to cross-examine the affiants. For this reason, affidavits are generally rejected for being hearsay, unless the affiants themselves are placed on the witness stand to testify thereon.

Furthermore, the Court scrutinized the admissions in Pimentel and Reyes’s counter-affidavits. While they admitted to the allegations in the first ten paragraphs of Salamo’s complaint, they also explicitly denied any criminal wrongdoing. The Court noted that even if the admissions were accepted, they only established that the materials were transported to Socorro, not that they were actually used for Pimentel’s personal benefit. The Court noted that the Sangguniang Bayan report did not explicitly state that the cement and steel bars were used at Pimentel’s resort. The Court also considered the inconsistency in Pimentel and Reyes’s testimonies, where they claimed the materials were transported to Barangay Gamut, not Socorro.

The Supreme Court reiterated the fundamental principle of presumption of innocence in criminal cases. The prosecution bears the burden of proving guilt beyond a reasonable doubt, relying on the strength of its evidence, not the weakness of the defense. As the Court stated in Catubao v. Sandiganbayan:

[T]he burden of proving beyond reasonable doubt each element of the crime is upon the prosecution, as its case will rise or fall on the strength of its own evidence. Any doubt shall be resolved in favor of the accused.

In this case, the prosecution’s reliance on hearsay evidence and the lack of concrete proof linking Pimentel and Reyes to the alleged misuse of public funds created reasonable doubt. The Court emphasized that mere suspicion, no matter how strong, cannot justify a conviction. The Court also cited Patula v. People, stressing that:

In all criminal prosecutions, the Prosecution bears the burden to establish the guilt of the accused beyond reasonable doubt. In discharging this burden, the Prosecution’s duty is to prove each and every element of the crime charged in the information to warrant a finding of guilt for that crime or for any other crime necessarily included therein. The Prosecution must further prove the participation of the accused in the commission of the offense. In doing all these, the Prosecution must rely on the strength of its own evidence, and not anchor its success upon the weakness of the evidence of the accused. The burden of proof placed on the Prosecution arises from the presumption of innocence in favor of the accused that no less than the Constitution has guaranteed. Conversely, as to his innocence, the accused has no burden of proof, that he must then be acquitted and set free should the Prosecution not overcome the presumption of innocence in his favor. In other words, the weakness of the defense put up by the accused is inconsequential in the proceedings for as long as the Prosecution has not discharged its burden of proof in establishing the commission of the crime charged and in identifying the accused as the malefactor responsible for it.

Based on these considerations, the Supreme Court granted the appeal and acquitted Pimentel and Reyes. The decision underscores the critical importance of adhering to evidentiary rules and upholding the presumption of innocence in criminal proceedings. The acquittal, however, does not preclude potential liabilities under other laws, such as the Local Government Code.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution presented sufficient evidence to prove beyond a reasonable doubt that Rogelio Pimentel and Herminigildo Reyes violated Section 3(e) of R.A. No. 3019 and Article 217 of the RPC.
What is hearsay evidence?	Hearsay evidence is testimony or documents quoting people who are not present in court. It is generally inadmissible because the person who made the original statement is not under oath and cannot be cross-examined.
Why was the affidavit of Edna Salamo considered hearsay?	Edna Salamo’s affidavit was considered hearsay because she did not testify in court, and her statements were based on a Sangguniang Bayan committee report rather than her personal knowledge. This prevented the defense from cross-examining her about the accuracy and basis of her allegations.
What is the presumption of innocence?	The presumption of innocence is a fundamental principle in criminal law that every person accused of a crime is presumed innocent until proven guilty beyond a reasonable doubt. The prosecution bears the burden of proving guilt.
What does it mean to prove guilt beyond a reasonable doubt?	Proving guilt beyond a reasonable doubt means presenting enough evidence to convince a reasonable person that there is no other logical explanation for the facts except that the defendant committed the crime. It requires a high degree of certainty.
Did Pimentel and Reyes admit to the charges against them?	While Pimentel and Reyes acknowledged certain allegations in Salamo’s complaint, they explicitly denied any criminal wrongdoing in their counter-affidavits. The Court found that these admissions did not constitute an admission of guilt.
What was the significance of the inconsistency in Pimentel and Reyes’s testimonies?	The inconsistency in their testimonies regarding where the materials were transported raised suspicion but was not enough to overcome the presumption of innocence. The prosecution still had to prove their guilt with credible evidence.
What is the impact of this decision?	This decision reinforces the importance of adhering to evidentiary rules and upholding the presumption of innocence in criminal proceedings. It highlights that mere suspicion is insufficient for a conviction.

This case serves as a reminder of the stringent requirements for proving guilt in criminal cases and the importance of protecting the rights of the accused. The Supreme Court’s decision underscores the necessity of relying on credible, firsthand evidence rather than speculation or hearsay. The acquittal of Pimentel and Reyes highlights the crucial role of the presumption of innocence in safeguarding individual liberties within the Philippine justice system.

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. ROGELIO M. PIMENTEL AND HERMINIGILDO Q. REYES, G.R. Nos. 251587-88, June 15, 2022