GR 146217; (April, 2006) (Digest)
G.R. No. 146217 ; April 7, 2006
ANUNCIO C. BUSTILLO, Petitioner, vs. SANDIGANBAYAN, PEOPLE OF THE PHILIPPINES, ALFREDO S. LIM as Secretary of the Department of Interior and Local Government (DILG), and JEAN MARY PASCUA, Respondents.
FACTS
Petitioner Anuncio C. Bustillo, then the Municipal Mayor of Bunawan, Agusan del Sur, was charged before the Sandiganbayan with Falsification of Official Documents under Article 171 of the Revised Penal Code (RPC). The Information alleged that in 1991, he conspired with his daughter to falsify three disbursement vouchers by making it appear that municipal funds were paid to “Estigoy Lumber” for the purchase of lumber, when in truth the lumber was purchased from “Rowena Woodcraft,” a single proprietorship owned by his daughter. After the prosecution rested its case, it moved for petitioner’s suspension from office pendente lite under Section 13 of Republic Act No. 3019 (the Anti-Graft and Corrupt Practices Act). The Sandiganbayan granted the motion and ordered petitioner’s suspension for 90 days.
ISSUE
The primary issue is whether the Sandiganbayan committed grave abuse of discretion in ordering petitioner’s preventive suspension under Section 13 of R.A. 3019, despite the charge being for Falsification of Official Documents under the RPC, not under R.A. 3019.
RULING
The Supreme Court dismissed the petition, ruling that the Sandiganbayan did not commit grave abuse of discretion. The Court held that the mandatory suspension under Section 13 of R.A. 3019 applies not only to offenses punishable under that law but also to offenses under Title VII, Book II of the RPC (Crimes Committed by Public Officers), or for any offense involving fraud upon the government or public funds. The Court emphasized that the application of Section 13 is determined by the factual allegations in the information, not the specific statutory designation of the offense.
The factual allegations in the Information clearly described a fraud upon municipal funds, as it alleged that petitioner, a public officer, falsified official documents to conceal that public money was paid to a business owned by his immediate family. This constitutes an offense “involving fraud upon government or public funds or property,” thus falling squarely within the scope of Section 13 of R.A. 3019. Consequently, upon a finding of the validity of the Information—which the Sandiganbayan had already established in a prior final ruling—the suspension was mandatory and ministerial for the court to impose. The Sandiganbayan’s order was therefore legally sound.