G.R. No. 251587 -88, June 15, 2022
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROGELIO M. PIMENTEL AND HERMINIGILDO Q. REYES, ACCUSED-APPELLANTS.

FACTS

Accused-appellants Rogelio M. Pimentel (Municipal Mayor of Tago, Surigao del Sur) and Herminigildo Q. Reyes (Barangay Captain of Unaban, Tago, Surigao del Sur) were charged with violation of Section 3(e) of R.A. No. 3019 and Malversation of Public Property under Article 217 of the Revised Penal Code. The charges stemmed from allegations that they conspired to allow Pimentel to take and use for his personal benefit government-purchased construction materials (286 sacks of cement and 280 steel bars) intended for a post-harvest facility in Barangay Unaban. The affidavit-complaint of former Barangay Captain Edna M. Salamo alleged the materials were hauled to Socorro, Surigao del Norte and used in constructing Pimentel’s private resort, a claim she said Pimentel admitted in a radio interview. A Committee Report was issued on the missing materials. In their defense, Pimentel and Reyes claimed that, upon request of barangay officials, the materials were moved to higher ground in Barangay Gamut due to flooding, where they were damaged by wet conditions. Pimentel asserted he subsequently replaced all the materials and delivered them to the project site, denying personal use. During pre-trial, the parties stipulated that the accused were public officers and the materials were government property. The prosecution presented no witnesses at trial, relying on the documentary evidence and the accused’s counter-affidavits. The Sandiganbayan convicted them, relying heavily on Salamo’s affidavit-complaint and the accused’s admissions in their counter-affidavits regarding paragraphs 1 to 10 of Salamo’s affidavit.

ISSUE

Whether the Sandiganbayan erred in convicting the accused-appellants based on the evidence presented, specifically the affidavit-complaint and the counter-affidavits, which allegedly failed to prove their guilt beyond reasonable doubt for violation of Section 3(e) of R.A. No. 3019 and Malversation of Public Property.

RULING

Yes. The conviction must be reversed and the accused-appellants acquitted. The evidence relied upon by the Sandiganbayan is insufficient to prove guilt beyond reasonable doubt for either crime.
1. On the Affidavit-Complaint: The affidavit-complaint of Edna M. Salamo is hearsay evidence. She did not testify in open court, thus the defense was deprived of the right to cross-examine her. Furthermore, the contents of her affidavit were themselves hearsay, as her allegations were based not on personal knowledge but on her observations of a Committee Report, which itself did not expressly state the materials were used for Pimentel’s resort. Her claim about a radio interview admission is unclear if based on personal hearing. Hearsay evidence has no probative value.
2. On the Counter-Affidavits: The admissions made by the accused-appellants in their counter-affidavits, even if considered, do not constitute a judicial confession of guilt to the crimes charged. Admitting the factual allegations in paragraphs 1 to 10 of Salamo’s affidavit (e.g., that materials were shipped to Socorro) is not an admission of the criminal elements of malversation or violation of R.A. 3019, such as appropriation for personal use, manifest partiality, bad faith, or gross negligence. Their defense consistently maintained the transfer was for safekeeping and the materials were later replaced.
3. Failure of the Prosecution: The prosecution has the burden to prove every element of the crimes beyond reasonable doubt. By presenting no witnesses and relying solely on the flawed affidavit and the accused’s qualified admissions, the prosecution failed to discharge this burden. The weakness of the defense does not relieve the prosecution of its duty. The evidence presented does not produce moral certainty of the accused’s guilt.
Therefore, the assailed Sandiganbayan Decision and Resolution are reversed and set aside. Accused-appellants Rogelio M. Pimentel and Herminigildo Q. Reyes are ACQUITTED.