G.R. No. 130872 March 25, 1999
FRANCISCO M. LECAROZ and LENLIE LECAROZ, petitioners, vs. SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES, respondents.

FACTS

Petitioners Francisco M. Lecaroz, the Municipal Mayor of Santa Cruz, Marinduque, and his son Lenlie Lecaroz, the outgoing Kabataang Barangay (KB) Chairman, were convicted by the Sandiganbayan of thirteen counts of estafa through falsification of public documents. The case stemmed from Jowil Red’s election as KB Chairman of Barangay Matalaba in 1985 and his subsequent appointment by President Ferdinand Marcos as the KB sectoral representative to the Sangguniang Bayan. Despite Red presenting his appointment telegram in January 1986, Mayor Lecaroz prevented him from assuming the position, citing a need for clearance from the provincial governor.
During the period from January 16, 1986, to January 30, 1987, Mayor Lecaroz approved 26 payrolls for the payment of salaries to Lenlie Lecaroz as the KB representative. Lenlie signed the first payroll and authorized another to sign and collect the subsequent salaries on his behalf. Red eventually secured a confirmation of his appointment from the Aquino administration in October 1989 and subsequently filed criminal complaints. The Sandiganbayan found that Lenlie had ceased to be the legitimate KB representative by the last Sunday of November 1985, making the certification of his membership in the payrolls a falsity, and that the payment of salaries to him constituted estafa, with conspiracy inferred partly from their father-son relationship.

ISSUE

Whether the Sandiganbayan erred in convicting petitioners of estafa through falsification of public documents.

RULING

Yes, the Supreme Court reversed the Sandiganbayan’s decision and acquitted the petitioners. The Court held that the prosecution failed to prove the crime of falsification under Article 171(4) of the Revised Penal Code. For Lenlie’s inclusion in the payrolls to be a falsification, it must be shown that he was not entitled to the position and salary at the time. The legal logic centered on the validity of Red’s appointment. The Court ruled that Red’s appointment by President Marcos in 1985/1986 was not complete and effective until he received the formal appointment papers and took his oath of office. His mere election as KB Chairman and the subsequent telegram did not automatically confer the right to assume the sectoral representative position. Critically, Red did not take his oath of office for the appointive position until October 25, 1989, upon confirmation by the Aquino administration. Therefore, during the payroll period in question, there was no complete and valid title in Red that had been usurped. Consequently, the certification that Lenlie was the member could not be considered an “untruthful statement in a narration of facts,” as his right to the office had not been legally extinguished. With the falsification charge unproven, the estafa charge, which was predicated on it, must also fail. The Court also found no credible evidence of conspiracy, rejecting the Sandiganbayan’s inference based solely on the petitioners’ familial relationship.