GR 170583; (September 2007) (Digest)
G.R. No. 170583 September 12, 2007
ERNESTO M. FULLERO, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
FACTS
Petitioner Ernesto M. Fullero, Acting Chief Operator of the Bureau of Telecommunications Office in Iriga City, was charged with falsification of a public document under Article 171(4) of the Revised Penal Code. The prosecution alleged that in a Personal Data Sheet (PDS) dated January 8, 1988, which he submitted to the Bureau of Telecommunications Regional Office in Legazpi City, Fullero made it appear that he passed the May 1985 Civil Engineering Board Examinations with a rating of 75.8%. Verification from the Professional Regulation Commission (PRC) revealed he had actually failed the examinations in 1984 and 1985. Fullero pleaded not guilty, denying he executed the subject PDS, disowning the signature and thumbmark thereon, and claiming the document was typed differently from his own typewriter. He also alleged ill motive on the part of the complainant, a subordinate against whom he had issued a memorandum.
ISSUE
The core issues were: (1) whether the prosecution proved beyond reasonable doubt that Fullero falsified the PDS; (2) whether he acted with criminal intent; and (3) whether the Regional Trial Court of Legazpi City had proper jurisdiction over the case.
RULING
The Supreme Court affirmed the conviction. On the elements of falsification, the Court found the prosecution evidence sufficient. The PDS, a public document required for civil service, was positively identified by a personnel officer who received it at the Regional Office in Legazpi City. Fullero’s denial and claims of forgery were deemed weak, especially since he failed to present convincing evidence, like exemplars of his genuine signature, to substantiate his defense. His allegation of ill motive was also insufficient to overturn the positive evidence.
Regarding criminal intent, the Court ruled that the false entry in the PDS was neither a harmless mistake nor a mere innocuous statement. Fullero, a government employee, had a legal duty under civil service rules to provide truthful information in his PDS. The false certification that he was a licensed engineer was material, as it related to his qualifications and could influence career advancement, thus demonstrating intent to gain benefit and defraud the government.
On jurisdiction, the Court held that venue was properly laid in Legazpi City. The crime of falsification is a transitory offense. While the PDS may have been prepared in Iriga City, it was submitted and used at the Regional Office in Legazpi City to support an application for promotion. Consequently, the Legazpi City RTC correctly acquired jurisdiction as the falsified document was ultimately presented and acted upon within its territorial jurisdiction. The petition was denied for lack of merit.