G.R. Nos. 186739-960; April 17, 2013
LEOVEGILDO R. RUZOL, Petitioner, vs. THE HON. SANDIGANBAYAN and the PEOPLE OF THE PHILIPPINES, Respondents.

FACTS

Leovegildo R. Ruzol was the Mayor of General Nakar, Quezon from 2001 to 2004. During his term, he organized a Multi-Sectoral Consultative Assembly, which included the Provincial Environment and Natural Resources Officer (PENRO) and representatives from civil society groups. The assembly agreed that the Office of the Mayor would issue permits to transport salvaged forest products after payment of corresponding fees to the municipal treasurer. Consequently, from 2001 to 2004, 221 permits to transport salvaged forest products were issued, 43 of which were signed by Ruzol and 178 by his co-accused, Municipal Administrator Guillermo T. Sabiduria. In June 2006, based on these permits, 221 Informations for Usurpation of Authority or Official Functions under Article 177 of the Revised Penal Code were filed against Ruzol and Sabiduria. The Informations uniformly alleged that the accused, as public officers, conspired to issue transport permits for forest products without lawful authority, as such authority properly belonged to the Department of Environment and Natural Resources.

ISSUE

Whether petitioner Leovegildo R. Ruzol is guilty beyond reasonable doubt of the crime of Usurpation of Official Functions under Article 177 of the Revised Penal Code for issuing permits to transport salvaged forest products.

RULING

The Supreme Court REVERSED and SET ASIDE the December 19, 2008 Decision of the Sandiganbayan and ACQUITTED Leovegildo R. Ruzol of the crime of Usurpation of Official Functions. The Court held that the prosecution failed to prove his guilt beyond reasonable doubt. The elements of Usurpation of Official Functions under Article 177 are: (1) the offender is a private person; (2) he falsely represents himself to be an officer, agent, or representative of any department or agency of the Philippine Government, or of any foreign government; (3) he performs any act pertaining to any person in authority or public officer; and (4) he does so under pretense of official position and without being lawfully entitled to do so. The Court found that the prosecution did not establish that Ruzol, as Mayor, was a “private person” for the purpose of this crime. Furthermore, the evidence did not prove that the authority to issue the permits belonged exclusively to the DENR, as the Local Government Code grants municipalities, through the Mayor, certain powers over communal forests. The permits issued were for “salvaged” forest products, and the prosecution did not present sufficient evidence to show these were not sourced from a communal forest or that the Mayor had no authority to regulate their transport. Therefore, the element of performing an act “without being lawfully entitled to do so” was not proven beyond reasonable doubt.