GR L 53694; (November, 1987) (Digest)
G.R. No. L-53694-99 November 5, 1987
ISIDRO RECAMADAS, petitioner, vs. THE HONORABLE SANDIGANBAYAN and THE PEOPLE OF THE PHILIPPINES, respondents.
FACTS
The petitioner, Isidro Recamadas, was among thirteen public officials convicted by the Sandiganbayan for Estafa through Falsification of Public Documents. The cases stemmed from “ghost” public works projects in Tagbilaran City in 1978, which caused the government a loss of P240,958.00. The elaborate process for fund requisition and project implementation was falsified at various stages to simulate legitimate transactions for non-existent or undelivered supplies.
Recamadas, a Property Custodian, was found to have conspired in falsifying key documents, including Letters of Advice of Allotment (LAAs), Sub-Advices of Cash Disbursement Ceiling (SACDCs), and Purchase Orders (POs). His specific role involved certifying the receipt of supplies via General Vouchers and issuing POs, despite the projects being fictitious and deliveries either short or non-existent.
ISSUE
Whether the Sandiganbayan correctly convicted Recamadas based on conspiracy to commit estafa through falsification of public documents.
RULING
The Supreme Court affirmed the conviction. The legal logic centered on Recamadas’s indispensable role and demonstrated conspiracy. The Court rejected his defense of merely following superior orders and claimed negligence. As Property Custodian, he had a non-delegable duty to inspect deliveries and ensure they conformed to specifications. His failure to perform this duty, coupled with his active certification of falsified documents, was not mere negligence but a deliberate act to legitimize the fraudulent transactions.
The Court emphasized that obedience to a superior order is not a valid defense when the order is unlawful and the subordinate acts with criminal intent. Recamadas’s unusual indifference to the deliveries, his attempt to pass blame to co-accused, and his position as the “vital link” without which the fraud could not have been consummated, collectively proved his conscious participation in the conspiracy. His signatures on documents he claimed did not require them were seen as an attempt to cover up the illegalities. Thus, no reasonable doubt existed as to his guilt.