G.R. No. 121215 November 13, 1997
MAYOR OSCAR DE LOS REYES, petitioner, vs. SANDIGANBAYAN, THIRD DIVISION, and the PEOPLE OF THE PHILIPPINES, respondents.

FACTS

Petitioner Mayor Oscar De Los Reyes, along with SB Member Jesse Concepcion, was charged before the Sandiganbayan with Falsification of Public Document under Article 171 of the Revised Penal Code. The information alleged that on or about July 27, 1992, in Mariveles, Bataan, they passed and approved Municipal Council Resolution No. 57-S-92, appropriating P8,500.00 for terminal leave payments, despite knowing that the resolution was not actually approved by the Sangguniang Bayan. The complaint was based on the fact that the minutes of the council’s proceedings made no reference to the approval of said resolution. Prior to arraignment, petitioner filed a Motion for Reinvestigation, arguing that the Ombudsman had previously dismissed a similar complaint and submitting a joint affidavit from other SB members attesting to the resolution’s actual passage. The Sandiganbayan denied the motion and a subsequent motion for reconsideration, prompting petitioner to file this petition for certiorari.

ISSUE

Whether the Sandiganbayan committed grave abuse of discretion in denying petitioner’s Motion for Reinvestigation and proceeding with the criminal case for falsification based on the alleged discrepancy between the approved resolution and the session minutes.

RULING

The Supreme Court dismissed the petition and affirmed the Sandiganbayan’s resolutions. The Court held that the Sandiganbayan did not commit grave abuse of discretion. Petitioner’s arguments, including his claim that his act of signing the resolution was purely ministerial and that a prior Ombudsman dismissal should control, were without merit. The Court emphasized that a local chief executive’s act of approving a resolution is not merely ministerial but involves the exercise of judgment, as evidenced by the veto power under the Local Government Code. Furthermore, the prior case cited by petitioner was a separate complaint and its findings could not be automatically adopted. The Court accorded great significance to the minutes of the Sangguniang Bayan session as the official repository of the proceedings, noting that the minutes did not reflect the approval of the subject resolution. The joint affidavit submitted by petitioner was deemed a belated attempt to bolster his defense, and the issues raised were best addressed during a trial on the merits. The temporary restraining order was lifted and the Sandiganbayan was directed to proceed with the case.