K - Crim - SB-16-CRM-1079 - People Vs Garcia, Et Al - 11 - 06 - 2020

REPUBLIC OF THE PHILIPPINES
~anbiganba!,an
Quezon City
FIFTH DIVISION
PEOPLE OF THE PHILIPPINES, CRIM. CASE Nos. SB-16-

Plaintiff, CRM-I079
For: Violation of Article

-versus- 177 of the Revised Penal
Code
NELSON GAMALIEL F. GARCIA, Present:

RICARDO A. BOQUECOSA,
RICARDO C. CONDES, Lagos, J., Chairperson,
ELIEZAR B. AMADORA, Mendoza-Arcega, J., and
MERIAM P. LLANO, Mafialac, J.
ANTONIO L. GARCIA, and
EMMYLOU Q. CABONILAS, Promulgated:
Accused.
Nove.mb-c. .
~, 2020 ,/M-{./4
x-------------------------------------------------x
DECISION
MENDOZA-ARCEGA, J.:
Charged with Usurpation of Official Functions penalized under Article

177 of the Revised Penal Code are Nelson Gamaliel F. Garcia, Ricardo A.
Boquecosa, Ricardo C. Condes, Eliezar B. Amadora, Meriam P. Llafio,
Antonio L. Garcia, and Emmylou Q. Cabonilas. The accusatory portion of the
amended Information reads:
"That on or about 26 December 2013, or sometime prior or

subsequent thereto, in the Municipality of Dum anjug, Province ofCebu,
DECISION
People v. Nelson Gamaliel F. Garcia, et at.
Criminal Case No. SB-16-CRM-I079
Page 2 of67
x--------------------------------------------------x
and within the jurisdiction of this Honorable Court, accused

EMMYLOU Q. CABONILAS, then Dumanjug Municipal Information
Officer, conspiring with accused NELSON GAMALIEL F. GARCIA,
then Municipal Mayor of Dumanjug, Cebu, then Sangguniang Bayan of
Dumanjug Members RlCARDO A. BOQUECOSA, RlCARDO C.
CONDES, ELIEZAR B. AMADORA, MERIAM P. LLANO and
ANTONIO L. GARCIA, did then and there willfully, unlawfully and
feloniously perform acts pertaining to the position of Secretary of the
Sangguniang Bayan of Dumanjug by signing and certifying the
correctness of the Sangguniang Bayan Resolution approving the
Appropriation Ordinance on the Annual Budget ofthe Municipality
of Dumanjug for Fiscal Year 2014, under pretense of such official
position, without being lawfully entitled to do so; the rest of the accused
recognizing and consenting to accused Cabonilas' s acts as Sangguniang
Bayan Secretary despite knowing she was not legally appointed as such.
CONTRARY TO LAW."
On November 14,2016, a hold-departure order was issued against the

seven (7) accused. I On November 14, 2016, Nelson Gamaliel F. Garcia posted
a cash bond for his provisional liberty.? As for Ricardo A. Boquecosa, Ricardo
C. Condes, Eliezar B. Amadora, Meriam P. Llafio, Antonio L. Garcia and
Emmylou Q. Cabonilas, they posted their respective cash bonds on November
16, 2016.3 Warrants of arrest were no longer issued since all the accused
already posted their respective bail bonds."
A Motion for Judicial Determination of Probable Cause was filed by

accused Nelson Garcia on January 17, 2017.5 Meanwhile, on January 23,
2017, the prosecution filed a Manifestation with Motion to Admit Amended
Information. 6
On January 24, 2017, accused Nelson Garcia filed an Addendum to the

Motion for Judicial Determination of Probable Cause with Motion to Dismiss
Ad Cautelam.' The prosecution filed its Comment and/or Opposition to the
said motions of Nelson Garcia on January 30, 2017.8
Except for Nelson Garcia, the accused filed their Oppossition (sic) to
Motion to Amend Information with Manifestation Adopting the Motion to/
rAIn"l
1 Records, Volume (Vol.) I, pp. 66-67.
2 Id., pp. 70-74.
3 Id., pp. 80-112.
4 Id., p. 114. t7
5 Id., pp.130-176.
6 Id., pp. I77-200.
7 Id., pp.203-208.
8 Id., pp. 209-216.
DECISION
People v. Nelson Gamaliel F. Garcia, et al.
Criminal Case No. S8-16-CRM-l 079
Page 3 of67
x--------------------------------------------------x
Dismiss filed by Accused Garcia on February 17, 2017.9 Then, on February

21,2017, accused Nelson Garcia filed his Comment to the Manifestation with
Motion to Admit Amended Information. 10
In a Resolution I I dated February 28,2017, the Court denied the motion

to dismiss and the motion to quash filed by Nelson Garcia joined by the rest
of the accused. Moreover, the Court noted the said manifestation of the
prosecution, and admitted its amended information.
Assisted by their respective counsels de parte, all of the accused were

arraigned on March 28, 2017. They all pleaded not guilty to the charge.'? On
May 8, 2017, the preliminary conference commenced':' and was terminated
on June 28, 2017.14 The parties stipulated on the following."
1. Identity of the accused charged in the Information and jurisdiction of

the Court;
2. At the time material to the charge, in the year 2013, the accused
occupied the following positions:
a. NELSON GAMALIEL F. GARCIA - Municipal Mayor of

Dumanjug;
b. RICARDO A. BOQUECOSA, RICARDO C. CONDES,

ELIEZAR B. AMADORA, MERIAM P. LLANO and
ANTONIO L. GARCIA - Sangguniang Bayan (SB) Members of
Dumanjug;
c. EMMYLOU Q. CABONILAS - Municipal Information Officer.
3. That whenever the above-named accused are mentioned in the

pleadings and in the course of the trial, they refer to the same persons
charged in the Information; and
4. That on June 25, 2013, accused Nelson Gamaliel Garcia, the Mayor
ofthe Municipality of Dumanjug designated Emmylou Cabonilas as
Acting Sangguniang Bayan Secretary.
I
9 Id., pp. 220-222.
10 Id., pp. 279-284.
11 Id., pp. 294-306.
12 Id., pp. 361-362.
13 Records, Vo\. 2, pp. 3-33.
14 Id., pp. 3-33.
15 Id., pp. 36-54.

DECISION
Criminal Case No. SB-16-CRM-I 079
Page 4 of67
x-------------------------------------------------- x
Additionally, the prosecution and accused Boquecosa, Condes,

Amadora, Llafio, Antonio Garcia and Cabonilas, entered into the following
stipulations of fact: 16
1. That on September 5,2013, then Vice Mayor Efren Guntrano Z. Gica

appointed Nerio T. Aquino as Secretary to the Sangguniang Bayan
of the Municipality of Dumanjug, Cebu; and
2. That on December 26,2013, the Sangguniang Bayan of Dumanjug

conducted a special session, where all the accused Sangguniang
Bayan members were present.
On January 31, 2017, the prosecution filed a Motion to Suspend

Accused Pendente Lite'" which was granted by the Court in its Order's dated
March 15,2017. Trial forthwith ensued.
EVIDENCE FOR THE PROSECUTION
1.) ATTY. JOSHUA NOEL DACUMOS ("Atty. Dacumos")
In his Judicial Affidavit.!" Atty. Dacumos stated that he was a

Sangguniang Bayan (SS) Member of Dumanjug, Cebu since July 2010 and
one of his duties is to enact ordinances and resolutions."
On December 26, 2013, the witness attended the special session of the
Sangguniang Bayan ofDumanjug and the main agenda was the annual budget
for the year 2014. Prior to the said special session, he recalled that Mayor
Garcia refused to recognize Nerio Aquino as SB Secretary. The proposed
budget for the year 2014 was also not submitted on or before October 16,
2013, as the law required.
During the said special session, the majority wanted to pass the annual
budget for the year 2014 but the witness objected to the same because the
proposed budget was not submitted to the SB, and there was no referral to the
committee. However, his objection was overruled as the majority wanted to
divide the house. On December 27,2013, the annual budget for the year 2014
was submitted to the Sangguniang Panlalawigan for approval and was signed
by Emmylou Cabonilas as the SB Secretary. The witness identified Resolution;
No. 18-2013.21
16 Id., pp. 47-48. rl
17 Supra note I, pp. 128-130. ~
18 Id., pp. 173-175.
19 Supra note 13, pp. 70-100.
20 Id., p. 71.
21 Exh ibits "B- 7 to B-8".
DECISION
Criminal Case No. SB-16-CRM-l 079
Page 5 of67
x-------------------------------------------------- x
Atty. Dacumos insisted that the said resolution is irregular since

Cabonilas was not the SB Secretary during that time. In addition, Cabonilas
did not participate in whatever capacity in the December 26, 2013 special
session. It was clarified by the witness that the duly appointed SB Secretary
at that time was Nerio Aquino. More so, the said resolution was not attested
by the presiding officer as required by the law since it was prepared without
the participation of the Vice Mayor. Thus, they filed a criminal and
administrative complaint before the Office of the Ombudsman. In relation
thereto, the witness identified the following:
1) Letter complaint dated March 4, 2014;22
2) Joint-Complaint Affidavit.P
3) Reply-Affidavitr'"
4) Signature of Atty. Joshua N. Dacumos in the Letter complaint

dated March 4,2014;25
5) Signature of Atty. Joshua N. Dacumos in the Joint-Complaint

Affidavit;" and
6) Signature of Atty. Joshua N. Dacumos in the Reply-Affidavit"
The respondents were found guilty of grave misconduct and were

dismissed from the service.
On cross-examination by Atty. Francisco S. Yabur", Atty. Dacumos

stated that during his tenure as a SB Member, he would vote with the majority
members. To constitute a quorum, there must be a majority of the SB
Members present in the session which is six (6) out often (10) of its members.
As to the enactment of an ordinance or resolution, it must be approved by the
majority of the SB Members or 50% plus one (1) of those present during the
session. The witness clarified that the resolution or the ordinance will be
attested and certified by the SB Secretary. It will be also be attested by the
presiding officer. Thereafter, the resolution or ordinance must be submitted to
the Mayor for approval. 29
1
i
22 Exhibit "A".
23 Exhibits "B" to "B-9".
24 Exhibits "C" to "C-12".
25 Exhibit "A-2".
26 Exhibit "B-3-a".
27 Exhibit "C-12-b".
28 Counsel for accused Nelson Gamaliel F. Garcia.
29 Transcript of Stenographic Notes (TSN) dated September 13,2017, pp. 16-17.
DECISION
Page 6 of67
x-------------------------------------------------- x
The witness reiterated that he attended the special session on December
26, 2013. Vice Mayor Efren Guntrano Gica also attended and presided the
said session. There was a quorum during the said session since every member
of SB of Dumanjug, Cebu attended and participated, except Councilor Erwin
Gica. The witness recounted that he objected to the proposed budget
ordinance. However, Vice Mayor Gica did not and cannot object to the same
proposal as he was the presiding officer during that time. Atty. Dacumos
claimed that he could no longer recall the comments of the Vice Mayor over
the approval of the subject budget ordinance, and whether the latter did not
relinquish his post as presiding officer. Atty. Dacumos explained that he could
not recall the same as he made most of the objections. The witness expounded
that his main objection is that the proposed ordinances do not go to the plenary
since it has to go first to the committee. After, it is the committee who will
report the proposed ordinance to the plenary. 30
The witness admitted that the subject budget ordinance was approved
by the majority vote. He neither heard nor saw Mayor Garcia and the SB
Members giving instructions and their consent to Emmylou Cabonilas to sign
the subject ordinance. Further, the witness admitted that he was among the SB
Members who attended the regular session of the SB of the Municipality of
Dumanjug, Cebu on August 25, 2010 as shown in the Resolution No. 82-
201031 designating Cabonilas as the SB Secretary. Yet, he could not recall
whether he was one of those who approved the said designaiion.F
On July 1,2013, the witness was one of the attendees in the inaugural
session of the SB but he could not recall whether he voted for the approval of
Resolution No. 1-2013.33 In addition, he was present during the regular
session held on July 31, 2013. Nevertheless, the prosecution witness
underscored that the said resolutions were made before the appointment of
Nerio Aquino as the SB Secretary."
On clarificatory;" the witness admitted that he was likewise present

during the conduct of the other sessions as shown in the following resolutions:
Resolution No. 6-201336 dated August 28, 2013, Resolution No. 7-201337
dated September 4,2013, Resolution No. 8-201338 dated September 4,2013,
and Resolution No. 9-201339.
}O Id., pp. IS-20.

31 Exhibit "4-N-Garcia".
32 Supra note 29, pp. 21-24.
34 Supra note 29, pp. 24-25.
35 Id., pp. 25-2S.
36 Exhibit "S-N. Garcia".
37 Exhibit "9-N. Garcia".
38 Exhibit "1 O-N. Garcia",
39 Exhibit "1 I-N. Garcia".
DECISION
Criminal Case No. SB-16-CRM-1 079
Page 7 of67
x--------------------------------------------------x
The cross-examination conducted by the counsel of accused Nelson

Gamaliel F. Garcia was adopted by defense counsel Atty. Emmanuel Famor,
Jr.40
When further asked on cross by Atty. Famor, the witness testified that
nobody prevented Nerio Aquino from performing his function as SB
Secretary during the session on December 26, 2013 and that the complaint
before the Office of the Ombudsman was for falsification and not for
usurpation of official function."
On re-direct examination, Atty. Dacumos recounted that from August

25, 2010 up to September 4, 2010, there was no regular SB Secretary due to
the latter's resignation or retirement. Nerio Aquino was appointed sometime
in the middle of September 2013. So, from July 2013 up to the appointment
of Nerio Aquino, it was Emmylou Cabonilas who acted as the acting SB
Ssecretary. On September 2013 onwards, it was Nerio Aquino who functioned
as the SB Secretary. 42
When re-cross examined by Atty. Yabut, the witness recalled that there
was a permanent vacancy in the position of SB Secretary of Dumanjug, Cebu
after the retirement ofSB Secretary Victor Tan on June 26 or 27,2013, a few
days before the start of the term of the elected officials in the 2013 elections.
At the time of Victor Tan's retirement, the term of Vice Mayor Gica did not
yet start. The prosecution witness restated that it was Cabonilas who acted as
the SB Secretary during the period involving the abovementioned SB
Resolutions. The appointment of Cabonilas as acting secretary was not
objected to by the witness. Sometime in September or October 2013, they
found a document whereby Mayor Nelson Gamaliel F. Garcia designated
Cabonilas as the SB Secretary. Hence, they filed a case against Mayor Garcia
since he has no authority to designate Cabonilas; instead, the appointment
should be done by the Vice Mayor. On clarificatory, it was shown that the
witness only objected to Cabonilas' appointment as SB Secretary after they
came to know that the latter was appointed by Mayor Garcia."
2.) NERIO TIMTIM AQUINO ("Aquino")
40 Counsel for accused Boquecosa, et al.

41 Supra note 29, pp. 29-31.
42 Id., p. 32.
43 Id., pp. 32-36.
DECISION
Page 80f67
x--------------------------------------------------x
The witness stated in his Judicial Affidavit" that he was appointed as

the SB Secretary of Dum anjug, Cebu by Vice Mayor Efren Guntrano Gica on
September 5, 2013.
One of his duties as Secretary to the Sangguniang Bayan is to take note

of the minutes of the proceedings of every regular and special session of the
SB. Research, drafting of journal, resolutions and ordinances, issuing of
certifications and certified true copies of minutes, and all the records of the
SB are likewise part of his duties. During the SB session, he prepares the
minutes and the agenda. He will call the roll and if there is a quorum, he will
take the minutes. After the session, Aquino will prepare the draft of the
minutes and approved resolution or ordinance. He will sign first, followed by
the Vice Mayor who signs the attested portion, and the Mayor will sign the
approved portion.
On December 26, 2013, the witness attended the special session of the
Sangguniang Bayan of Dumanjug. The main agenda was the annual budget
for 2014. Those who were present were presiding officer Vice Mayor Gica
and the SB Members, except Erwin Gica. During the said session, Aquino
observed that the SS Members deliberated and approved a proposed measure
which was the annual budget for 2014 without supporting documents, such as
the budget proposal and committee report submitted to the SB Members prior
to the deliberation. After the adjournment, he prepared and signed a journal"
containing the minutes of the proceedings held on December 26, 2013. The
said journal was noted and signed'" by Presiding Officer Vice Mayor Gica.
On December 27, 2013, the witness learned from the Office of the
Provincial Board Secretary that Resolution No. 18-201347 dated December 26,
2013 relative to the appropriation ordinance for the 2014 budget was
submitted and stamped received by the Office of the Provincial Secretary
dated December 27, 2013. The said resolution was signed by Emmylou
Cabonilas but the latter was not present during the aforementioned special
session, and she has no authority to sign as she is not duly appointed SB
Secretary. She is unauthorized because Cabonilas is a Municipal Information
Officer assigned to the Office of the Mayor. Rather, it was witness Aquino
who was duly appointed by Vice Mayor Gica as shown in the Appointment"
dated September 5, 2013 and in the Certification'? dated September 5,2013.
44 Supra note 29, pp. 101-110. I~

r
45 Exhibits "8-5" to "8-6" "8-6-a" (also Exhibits "20-Boquecosa, et al." and "20-a-80quecosa, et
al.").
46 Exhibit "8-6-b".
47 Exhibits "8-7" to "8-8".
48 Exhibit "M" (also Exhibit "13-80quecosa, et al.").

49 Exhibit "F-24".
DECISION
Criminal Case No. SB-J6-CRM-J 079
Page 9 of67
x-------------------------------------------------- x
Likewise, Resolution No. 18-201350 was not signed by Presiding Officer Vice
Mayor Gica.
The witness maintained that Mayor Garcia did not recognize him as the
SB Secretary and the former issued an Office Memorandum Order No. 2151
dated June 25, 2013 designating Cabonilas to the disputed position.
Consequently, Mayor Garcia was suspended by the Sangguniang
Panlalawigan for designating Cabonilas. Aquino claimed that the Mayor did
not recognize him as the SB Secretary because the former was not a supporter
of the Garcias. Being a Mayor, Mayor Garcia has no authority to designate
the SB Secretary. In fact, Mayor Garcia withheld Aquino's salary for nineteen
(19) months and the former opposed the request of Vice Mayor Gica to
validate his appointment as the SB Secretary. As a result, they raised the issue
of his appointment to the Civil Service Commission (CSC}- Cebu South Field
Office. Initially, the appointment of the witness was invalidated by the CSC -
Cebu South Field Office, and it was affirmed by the Regional Office.
Nonetheless, the CSC Commission Proper granted his appeal and validated
his appointment as the SB Secretary as shown in CSC Decision No. 14086752
dated November 11, 2014, and was affirmed by the Court of Appeals in its
Decision in CA-G.R. SP No. 0907253 dated November 6,2015.
Witness Aquino recalled that the Municipality of Dumanjug has a Merit

Selection Plan54 approved by the CSC. Another selection plan is the
Ordinance No. 3 series of201355 dated June 25, 2013 approved by the Merit
Selection and Promotional Plan for the appointment of positions in the career
service which provides for the revision of the composition of Personnel
Selection Board, but was not implemented as it was disapproved by the CSC.
The witness clarified that Resolution No. 102-2013 on the said ordinance was
not implemented based on the letter from Director Karin Litz P. Zema of the
CSC56 dated October 4, 2013 addressed to Mayor Garcia stating that the
revisions do not conform with the provisions of the CSC MC No. 3 s. 2001.
Lastly, the witness added that they filed a Joint-Complaint Affidavit

dated March 31, 2014 with attachments? with the Office of the Ombudsman
against Mayor Garcia and the SB Members who allowed Cabonilas to act as
the SB Secretary. The Office of the Ombudsman found Mayor GarCia
Emmylou Cabonilas and the responsible SB Members guilty of grave
misconduct. irI
50
51
52
53
Exhibits "B-7" to "B-8".
Exhibit "I" (also Exhibit "4-Boquecosa, et al." and Exhibit "S-N. Garcia").
Exhibits "U" to "U-9".
Exhibits "V" to "V-2S".
er
54 Exhibits "K-4" to "K-J8".
55 Exhibits "K" to "K-3" (also Exhibit "J6-Boquecosa, et al.").
56 Exhibits "X" to "X-2".
57 Exhibits "8" to "8-9".
DECISION
Criminal Case No. S8-16-CRM-I 079
Page 10 of67
x-------------------------------------------------- x
When cross examined by Atty. Yabut," the witness testified that
Presiding Officer Gica divided the house for the motion to approve the annual
budget for the calendar year 2014 as shown in the former's journal". Majority
of the SB Members approved the budget ordinance; however, it was
disapproved by the Sangguniang Panlalawigan of Cebu. Aquino testified that
he is not aware whether the municipality utilized the budget appropriation for
the year 2014 covered by the said budget ordinance. There was no separate
budget ordinance submitted to the Sangguniang Panlalawigan of Cebu aside
from the subject ordinance. The witness confirmed as part of the official
records of the Sangguniang Bayan Resolution No. 82-201060 is the
designation of Cabonilas as Assistant SB Secretary to obviate the dilemma
and to promote the exigency of the operations. The witness stated that he is
not aware with the CSC Memorandum Circular No. 06, series of 2005,61
concerning the designation of personnel in the government agencies including
the local government units.v'
Aquino claimed that the designation of Cabonilas as stated in

Resolution No. 82-201063 enacted on August 25,2010 was already superseded
when Vice Mayor Gica appointed him as the SB Secretary. When asked by
the Court, the witness declared that there is only one SB Secretary in their
office and that there is no assistant."
The witness admitted that he is aware of the letter'" dated November 5,

2013 issued by the CSC South Cebu Office invalidating his permanent
position. Meanwhile, on December 26, 2013, the subject budget ordinance
was enacted. Then, on June 26, 2014, the CSC Regional Office No. 7 affirmed
the decision of the CSC South Cebu Office. The witness asseverated that
Cabonilas was not present during the entire December 26, 2013 special
session. After his appointment was invalidated both by the CSC field and
regional offices, it was the Vice Mayor who actually appealed before the
commission proper of the CSC. During these times, the Vice Mayor did not
appoint anyone to serve as the SB Secretary."
Likewise, the prosecution witness insisted that even after his

appointment on September 5, 2013, Cabonilas signed the appropriation
ordinance in her capacity as the SB Secretary. However, Aquino made clear
that other than the resolution approved during the December 26, 2013 session)
I IV
~8
)9
60
61
62
Counsel for accused Nelson Gamaliel F. Garcia.
Exhibits "8-5" to "8-6-a".
Exhibit "4-N. Garcia".
Exhibit "47-N. Garcia".
TSN dated September 14,2017, pp. 10-18.
r
It)
64 Supra note 62, pp. 18-19.
66 Supra note 62, pp. 19-28.
DECISION
Page 11 of67
x-------------------------------------------------- x
accused Cabonilas did not sign any other resolution. Furthermore, Mayor
Garcia did not attend the said session, and Aquino does not personally know
whether the Mayor or any of the accused SB Members gave instructions to
Cabonilas to sign the disputed budget ordinance nor they consented to the
same."?
On cross by Atty. Famor.t" it was established that the appointment of

Aquino did not pass through the personnel selection board but he was still
allowed to perform his duties as the SB Secretary. No one prevented him from
doing so. As to journal of the special session/" the witness stated that it is an
accurate reflection of what transpired during the special session. Only
Resolution No. 18-201370 was submitted to the Sangguniang Panlalawigan
reflecting the approved budget."
As regards the case filed before the Office of the Ombudsman." the
witness declared that it does not pertain to the December 26, 2013 special
session but to the withholding of his salary for nine (9) months. There are also
other cases filed by the witness against Mayor Garcia and the other department
heads. In addition, the instant case was filed against accused Cabonilas to
question her act of signing the alleged resolution."
On re-direct examination, the witness explicated that his appointment

did not pass thru the personnel selection board since the latter declined to
resume for screening of the SB Secretary as Mayor Gracia instructed them not
to attend it. Consequently, Vice Mayor Gica wrote the CSC to open the
position and the CSC replied that it issued a letter concerning the same. Vice
Mayor Gica eventually appointed Aquino as the SB Secretary. Although
initially, Aquino's appointment was invalidated by the CSC Field and
Regional Offices, the CSC en banc subsequently validated it. Also, the parties
stipulated that the said appointment was initially invalidated but the Court of
Appeals sustained its validity later on."
During the re-cross examination by Atty. Yabut," the witness stressed

that according to the PSB, they refused to attend upon the instructions of
Mayor Garcia."
67 Id., pp. 30-32.

69 Exhibits "B-5" to "B-6".
70 Exhibit" B-7".
71 Supra note 62, pp. 34-44.
72 Exhibit "B".
73 Supra note 62, pp. 44-51.
74 Id., pp. 51-56.
76 Supra note 62, pp. 57-58.
DECISION
Criminal Case No. SB-16-CRM-l079
Page 12 of67
x-------------------------------------------------- x
3.) EVELINDA T. QUlRANTE ("Quirante")
Evelinda T. Quirante was a councilor of the Municipality of Dum anjug,

Cebu from July 2007 until June 30, 2016. Her main functions include
attending sessions, and participating in the passage of ordinances and
resolutions."?
The witness identified her Counter-Affidavit" dated July 21, 2014 filed
before the Office of the Ombudsman wherein she mentioned that she signed
Appropriation Ordinance No. 279 through inadvertent mistake. Quirante
claimed that she signed the said ordinance'" after the special session on
December 26, 2013 at around 5:00 p.m. at the Office of the Mayor. Mayor
Garcia asked her to sign it since the annual budget would be submitted to the
Provincial Board. The witness did not read its contents before affixing her
signature but was aware that it was the minutes'" of the said session. The other
councilors namely Ricardo Condes, Ricardo Boquecosa, Antonio Garcia,
ABC President Meriam Llano, Eliezer Amadora were likewise present at the
Mayor's Office. The minutes was prepared by Emmylou Cabonilas. The
witness further maintained that she was only able to read the minutes after
receiving a complaint for falsification from the Vice Mayor.V
She recalled that Jerome Sarumines ("Sarumines"), a eo-terminus

employee at the Office of the Mayor, was asked by Mayor Garcia to instruct
her to go to his office. Sarumines went twice to her house at 2:00 p.m. and
then went back again at around 4:30 p.m. to tell her that she was being called
by the Mayor. She told Sarumines that she would follow. After Sarumines
left, the witness received a telephone call from Mayor Garcia telling her to
come to his office to sign a document. 83
It was further detailed by Quirante that after the said special session,
her fellow councilor, Antonio Garcia, told her that the accused Mayor called
and directed him to go to the latter's office. After, the witness went home and
told the councilor that she would follow. The witness added that Antonio
Garcia is the ABC president and the first-degree cousin of Mayor Garcial
(vi
77
78
79
TSN dated November 28,2017, pp. 4-5.
Exhibits "0" to "0-6".
r'
80 Id.
81 Id.
82 Supra note 77, pp. 12-20.
83 Id., pp. 20-22.
84 Id., pp. 22-26.
DECISION
Page 13 of67
x--------------------------------------------------x
On cross-examination counducted by Atty. Famor." the witness

testified posited that there is something erroneous with Appropriation
Ordinance No. 286 since the budget proposal was not given but the same was
approved. Quirante admitted that she is one of those who voted for the
approval of the ordinance. She further recounted that no one prevented Nerio
Aquino from performing his function as the SB Secretary. There were other
persons who attended the special session including Vice Mayor Efren Gica
and the job order employees. Cabonilas, however, was absent during the
special session. Quirante admitted that after her term as councilor, she was
appointed as job order by Efren Guntrano Gica and her husband ran as
councilor under the latter's picket in the 2016 elections.F'
The witness averred that there are times that she would not read the
documents for signing as she trusts Mayor Garcia. She merely signed the
disputed minutes'" approving the budget ordinance without reading it since
she was told by the Mayor Garcia that it was the minutes of the earlier
session."
On cross by Atty. Yabut.?" the witness attested that she did not
personally see Cabonilas preparing the said minutes."
4.) EFREN GUNTRANO ZUBRADO GICA ("Vice Mayor

Gica")
Efren Guntrano Zubrado Gica is the former Vice Mayor of the

Municipality of Dumanjug, Cebu from June 30, 2013 to June 30, 2016. His
functions include acting as presiding officer of the Sangguniang Bayan, and
acting as Municipal Mayor, in the absence of the Mayor, in a temporary or
acting capacity. He is also the head of the Sangguniang Bayan and as such, he
appoints or designates the SB Secretary and the other employees of the SB,
among others"
On his direct examination, the witness identified his Complaint

Affidavit with cover letter?' and Reply Affidavit" including his signatures
I-V
therein. The witness testifie.d that he attended the special session on the 20
85
86
Counsel for accused Boquecosa, et al.
IfV Iv
87 Supra note 77, pp. 27-31. J
88 Exhibits "B-7" to "B-8". t'
89 Supra note 77, pp. 31-32.
91 Supra note 77, p. 34.
92 TSN dated March 6, 2018, p. 5.
93 Exhibits "A", "B" to "B-9".
94 Exhibits "C" to "C-12".
DECISION
Criminal Case No. S8-16-CRM-1 079
Page 14 of67
x-------------------------------------------------- x
annual budget held on December 26, 2013. During the said special session, he
attended as the presiding officer. The SB Members and SB Secretary Nerio
Aquino were present at that time. Cabonilas was not one ofthose who attended
the special session and she was not even inside the session hall."
Vice Mayor Gica explained the usual procedure on the deliberation of

annual budget. Initially, the executive department will submit a copy of the
proposed annual budget for the following year to the Sanggunian. Thereafter,
it will be calendared for business and included in the agenda, then it will be
discussed. Usually in the first reading, it will be moved to the proper
committee for its recommendation."
He recalled that during the December 26, 2013 special session, only
one (1) SB Member was absent-Councilor Erwin Gica. One of the SB
Members who objected to the passage of the resolution ordinance was SB
Member Dacumos since there was no actual and physical copy ofthe proposed
budget for 2014 that was received by the SB. As a consequence, a councilor
moved for the division of the house whereby six (6) members of the
Sanggunian moved for its approval against two (2), even without a copy of
the proposed budget. Still, the 2014 budget was approved by the majority on
the same date. After the session, SB Secretary Nerio Aquino prepared the
minutes?" and the journal of the proceedings which was noted by the witness."
Aside from the preparation of the minutes, a resolution ordinance must

also be prepared. The witness maintained that it was Mayor Garcia and
Emmylou Cabonilas who prepared the resolution or appropriation?", instead
of SB Secretary Aquino. The witness stated that he did not sign Resolution
18-2013 lOO since he had not seen the said document and he is likewise
unfamiliar with its entries. Besides, the resolution was signed by Cabonilas
who was an information officer ofthe Municipality ofDumanjug. Vice Mayor
Gica averred that Cabonilas was allowed to sign the resolution as Mayor
Garcia insisted it and wanted her to be the SB Secretary. To show that the duly
appointed SB Secretary was Nerio Aquino, the witness identified the
appointment papers 10 I of the latter. Similarly, the witness identified the
Decision of the Civil Service Commission'P? validating the appointment of
Nerio Aquino.l'"
95 Supra note 92, pp. 7-9.

96 Id., p. 9.
97 Exhibits "8-5" to "8-6".
98 Supra note 92, pp. 9-12.
99 Exhibits "8-7" to "8-8".

100 Id.
101 Exhibit "M" (also Exhibit" 13-80quecosa, et al.").

102 Exhibit "U" to "U-9".
103 Supra note 92, pp. 12-17.

DECISION
Page 15 of67
x-------------------------------------------------- x
In addition, Vice Mayor Gica recalled that he made a Request for

Assistance or RAS from the Office of the Ombudsman prior to the filing of
any complaint against the accused. A conference was held together with
Mayor Garcia, among others. It was agreed upon that they would recognize
Nerio Aquino as the SB Secretary. But when they went back to Dumanjug,
Mayor Garcia instructed not to turn over the key of the office and the
documents. The witness wrote a letter addressed to the accused Mayor to
instruct Cabonilas to turn over the key of the Office of the SB Secretary but
neither the latter nor Cabonilas replied. Hence, the witness blottered the
incident to the police station which was about 100 meters away from the
legislative building. He further asked for assistance in the presence of the chief
of police and other police officers for him to forcibly open the said office.I'"
During the cross examination by Atty. Yabut, \05 it was established that
the witness was elected as the Municipal Mayor of Dumanjug, Cebu during
the 2016 election but was dismissed from service with perpetual
disqualification from holding public office. The witness declared that he has
a pending petition with the Court of Appeals. 106
It was further shown that at the time of the approval of the disputed
budget ordinance on December 26, 2013, the appeal of the witness on the
invalidation ofNerio Aquino's appointment as SB Secretary was still pending
before the Civil Service Commission Regional Office. The letter-appeal \07
was filed by Vice Mayor Gica on November 29,2013 and the decision of the
regional office was promulgated on June 26, 2014. The witness admitted that
as Vice Mayor, his role is to preside over the session and not to vote except in
case of a tie. It is likewise mandatory to submit any approved ordinance,
resolution or budget measures with the Sangguniang Panlalawigan of Cebu
for approval. With respect to disputed budget ordinance, it was approved by
the Sangguniang Panlalawigan of Cebu. The witness did not file any legal
action questioning the validity of the budget ordinance. As Vice Mayor, he
reiterated that he could only vote in case of a tie and attest to what transpired
during the session.l'"
During the special session, Mayor Garcia was not present inside the
session hall. The witness admitted that he neither saw the Mayor nor the other
SB Members giving instructions to Cabonilas to sign the approved budget
ordinance. Additionally, it was established that there were other regUI%
104 Supra note 92, pp. 17-19.

,I
105 Counsel for accused Nelson GamalieJ F. Garcia.
106 Supra note 92, pp. 21-22.
107 Exhibits "R" to "R-9".
108 Supra note 92, pp. 22-28.
DECISION
Criminal Case No. SB-16-CRM-J 079
Page 16 of67
x---------------------------------------------- x
employees in the plantilla of the municipality's personnel who are also

qualified to be appointed as the SB Secretary. 109
When asked by the Court whether Resolution No. 18-2013 was

approved by the Sangguniang Panlalawigan, the witness answered that he is
not aware whether it was approved or disapproved as it was not acted upon by
the Sangguniang Panlalawigan. He explained that there was a time that all the
local officials of the Municipality of Dumanjug were invited in the
Sangguniang Panlalawigan's session to shed light on the budget. Then, he
went to the Sangguniang Panlalawigan Secretary to get a copy of the
purported resolution since there was no resolution ordinance that was drafted
by the SB at that time. I 10
When cross-examined by Atty. Famor, III the witness confirmed that he

was not yet an official of the Municipality of Dum anjug before the year 2010.
He was elected as Vice Mayor in 2013 and assumed on June 30 of the same
year. At the time he assumed as Vice Mayor, there was no SB Secretary and
it was Cabonilas who acted as the temporary SB Secretary. In fact, it was
accused Cabonilas who acted as SB Secretary during the sessions conducted.
The witness was not aware of any resolution passed by the SB designating
Cabonilas as the assistant secretary. When confronted with a copy of
Resolution No. 82-2010112 dated September 1,2010, the witness testified that
he is not familiar with the said document. He also admitted that said
resolution is an official act of the SB which could be found in the files of the
SB. Aside from Resolution No. 82-2010113, there was no other resolution
cancelling the designation of Cabonilas. There were other sessions presided
by Vice Mayor Gica wherein Cabonilas acted as the SS Secretary as shown
by various minutes 114. The witness agreed that he recognized Cabonilas as
Acting SB Secretray. 115
The witness testified that Cabonilas was a Public Information Officer

and was subsequently designated as SB Secretary. As such, she did not receive
a salary as SB Secretary but received a RATA instead. It was insisted by Vice
Mayor Gica that the SB did not make a resolution adapting the 2014 budget
of the Municipality of Dumanjug. He was only aware of the minutes that was
signed by the presiding officer and by the SB Secretary. Further, the witness
claimed that he is not aware of the source of the budget that was used by the
municipality in the year 2014.116/
109 Id., pp. 28-30.
110 Id., pp. 30-31. IIJ
111 Counsel for accused Boquecosa, et al. {(
112 Exhibit "3-Boquecosa, et al.".
113 Id.
114 Exhibits "7- Boquecosa, et al." to "12- Boquecosa, et al.".
115 TSN dated March 7, 2018, pp. 6-11.
116 Id.
DECISION
Page 17 of67
x-------------------------------------------------- x
In 2014, the witness became an acting Mayor for two (2) months in
2014 during the preventive suspension of Mayor Garcia, and for six (6)
months in 2015, during the penalty of suspension of the latter. The witness
reiterated that he is not aware of the source of the budget that was used in
2014 since the SB of Dumanjug and the SB Secretary's Office did not receive
a document for the 2014 budget. However, the witness claimed that he knew
the source of his salary but is not aware whether the budget was the re-enacted
budget, or it was the budget proposed by Mayor Garcia.'!?
The witness maintained that Nerio Aquino did not receive his salary for
amost two (2) years from the time of his appointment since Mayor Garcia
refused to give it. As to the budget approved during the December 26, 2013
session, there was no case filed questioning it.IIS
On re-direct examination, it was averred by the witness that upon his

assumption in office in 2013, he sent a communication to all the newly elected
or re-elected SB Members calling for the inaugural session. Emmylou
Cabonilas was already the acting SB Secretary but he was not able to obtain
a copy of her designation. The witness thought that it was the former Vice
Mayor who appointed Cabonilas but when he finally had a copy of the
designation, he found out that it was the accused Mayor who designated her.
With regard to the decision of the CSC Field Office invalidating Aquino's
appointment, Vice Mayor Gica maintained that he timely filed an appeal;
therefore, the decision was not yet final at the time the SB conducted its
special session on December 26, 2013.119
During the conduct of re-cross by Atty. Famor, 120 the witness

underscored that the invalidation of Aquino' s appointment was not yet final
during the conduct of the said special session.F'
5.) ATTY. KAREN LITZ ZERNA ("Atty. Zerna")
Atty. Karen Litz Zema, is the Regional Director of Civil Service

Commission, Regional Office No. 4 since January 8, 2016. Prior to her
assignment in Regional Office No. 4, she was assigned as the Regional
Director ofCSC Regional Office No. 7 from December 7,2012 until Janu1
117 Supra note 115, pp. 12-15.

118 Id., pp. 15-16. ~
119 Id., pp. 17- 20.
121 Supra note 115, pp. 20-21.
DECISION
Page 18 of67
x-------------------------------------------------- x
7, 2016. The prosecution and the defense dispensed with the testimony of
witness, and stipulated on the following facts, to wit: 122
For the prosecution:
(1) Her functions include rendering decisions on disciplinary

and non-disciplinary cases, managing the operations of the regional
office, and reviewing of human resource management systems
including merit selection plans and grievance and performance
management systems, among others; 123
(2) In connection with her functions, she reviewed the merit

selection plan submitted by the Municipality of Dumanjug Resolution
No. 102-20l3124 dated June 25, 2013;
(3) The result of her review of the said merit selection plan
contains certain provisions not conforming with existing CSC
memorandum circular as stated in her letter!" to Mayor Garcia dated
October 4,2013;
(4) The said merit selection plan was returned to the

municipality with the advice that they be guided by the existing
approved merit selection planl26; and
(5) The Civil Service Commission validated the appointment

ofNerio Aquino as Secretary to the Sangguniang Bayan of Dumanjug.
On the part of all the accused, they stipulated that Atty. Zerna
invalidated the appointment ofNerio Aquino.
The parties likewise stipulated that the witness could identify her
judicial affidavit.
6.) ATTY. PULCHRA MARIE E. ACEVEDO ("Atty.

Acevedo")
Atty. Pulchra Marie E. Acevedo is the Secretary to the Sangguniang

Panlalawigan of Cebu since September 15, 2014. Among her importanY
122 TSN dated April 4, 2018, pp. 7-13. Also see: Judicial Affidavit of Atty. Karin Litz P. Zema,
Records, Vol. 2, pp. 264-303.

123 TSN dated April 4,2018, pp. 7-8.
I
;tI
124 Exhibit "K" (also Exhibit "16-Boquecosa, et al."). .
125 Exhibits "X" to "X-3".
126 Exhibits "K-4" to "K-18".

DECISION
Page 19 of67
x--------------------------------------------------x
functions are: to assist in the conduct of the sessions, to sign official excerpts,
to assist in the administrative cases, to act as the custodian of official records,
to issue certifications in connection with the official records of the
Sanggunian, and to furnish official documents upon request. The open court
testimony of the witness was dispensed with and the parties stipulated as
follows: 127
(1) In connection with her official functions, she issued

certified copies of the following documents relative to this case,
particularly the following:
a. Resolution No. 18-2013 dated September 26,2013 relative

to the appropriation ordinance of the Municipality of Dum anjug;
b. The excerpt of the minutes of the session of the

Sangguniang Panlalawigan of Cebu on the said resolution as well
as various resolutions of the Sangguniang Panlalawigan of Cebu
relative to the suspension of Mayor Nelson Garcia for
designating Emmylou Cabonilas as Sangguniang Bayan
Secretary of the Municipality of Dumanjug;
(2) She will identify her signatures on these documents; and
(3) She will testify on other material allegations in the

Information.
On the part of accused Garcia, he proposed the following stipulations:
(1) Mayor Garcia was suspended by the Sangguniang

Panalalawigan of Cebu and that he had already served such suspension;
and
(2) The witness is competent to identify the documents stated

in the judicial affidavit.
As for accused Boquecosa, et al., they stipulated that the witness could
identify the said documents.
7.) ENGR. GRECILDA P. SANCHEZ ("Engr. sanchez"y ;J
-r-I
TSN dated April 4, 2018, pp. 13-21. Also see: Judicial Affidavit of Atty. Pulchra Marie E.
127
Acevedo, Records, Vol. 2, pp. 304-335. r

_
DECISION
Page 20 of67
x--------------------------------------------------x
Engr. Grecilda P. Sanchez stated in her Judicial Affidavit'F' that she is

currently the consultant of the Office of the Vice Governor ofCebu Province.
Prior to being a consultant, she served as a board member of the 3rd District
of Cebu from 2013 to 2016.
As Board Member, she was the Chairperson of the Committee on

Budget and Appropriations, and Committee on Provincial and Municipal
Properties. She also became the Committee Chairperson on Investigation. The
witness basically performed legislative functions.
The witness recalled that as part of her duties as Chairperson of the

Committee on Budget and Appropriations, the committee reviewed
Resolution No. 18-2013129 dated December 26, 2013 regarding the 2014
appropriations passed by the Sangguniang Bayan of Dumanjug. She stated
that the Sangguniang Panlalawigan is mandated to review the ordinance
authorizing annual and supplemental appropriations of component cities and
municipalities.
Engr. Sanchez disclosed that the 2014 Annual Budget of the

Municipality of Dumanjug was referred by her office for review and
recommendation to the Provincial Board prior to its approval. The result of
their review contained in Committee Report No. 96-2014130 dated April 7,
2014 is that they recommended that the 2014 Annual Budget of Dum anjug be
returned because it contained several irregularities and inconsistencies. The
copy of the 2014 Annual Budget under Resolution No. 18-2013131 did not bear
the signature of the Vice Mayor but was approved by the Mayor with the
signature of six (6) councilors. Regarding the inconsistency of records, it
would appear that the Municipality of Dum anjug had two (2) resolutions: first,
Resolution No. 18-2013 dated December 26, 2013 signed by Emmylou
Cabonilas, and second, the supplemental budget of Balaygtiki, Dumanjug
signed by Nerio Aquino as the SB Secretary.
While the review was on-going, they received a letter from the Vice
Mayor of Dumanjug informing the irregularity of procedure in passing the
said annual budget. The letter alleged that there were two (2) resolutions
coming from the same municipality with the similar numbers and topic, but
these were signed by two (2) different secretaries"1
128 Supra note 13, pp. 353-356.

129 Exhibits "8-7" to "8-8". Also see: TSN dated May 10,2018, pp. 5-10.
130 Exhibits "H-5" to "H-6".
131 Exhibits "8-7" to "8-8".
132 TSN dated May 10,2018, pp. 9-11.
DECISION
Page 21 of67
x--------------------------------------------------x
Anent the Committee Report No. 96-2014133 dated April 7,2014, it was
adopted by the entire Sanggunian as reflected in the Sangguniang
Panlalawigan Resolution No. 694-2014134 dated April 7, 2014.
When cross-examined by Atty. Famor.!" the witness admitted that she

ran under the Liberal Party during the time she won as Board Member of the
Sangguniang Panlalawigan from 2013 to 2016.136
During the continuation of her cross by Atty. Yabut,':" the witness

stated that as a Sangguniang Panlalawigan, she is familiar with the provisions
of the Local Government Code. As such, the quorum constitutes the majority
of all the members of the Sanggunian who have been elected or qualified to
transact official business. Whenever there is a quorum, a majority vote is
required to validly approve ordinances, resolutions, or any other matters taken
up by the Sanggunian. More so, it is the vice governor or the Vice Mayor of
the city or municipality who has the duty to preside over the sessions of the
Sanggunian and the former shall only vote to break a tie. After, the ordinance
enacted by the Sanggunian shall be presented to the local chief executive for
approval or veto, as the case maybe.l "
With respect to the Committee Report No. 96-2014,139 Engr. Sanchez

confirmed that they indicated in the said report that they received a letter from
Vice Mayor Gica about the budget ordinance approved by the Sangguniang
Bayan of Dumanjug on December 26, 2013. The rule of the Sangguniang
Panlalawigan is to review budgets, and to look into its validity including on
how it was passed and if the required quorum was met. The witness likewise
stated that the committee does not necessarily conduct a hearing to determine
the validity of the budget. Rather, they just need to look at the validity of the
documents presented which includes the budget, the quorum and how it was
presented. She stressed that whenever the budget is denied or returned for
corrections, it does not necessarily need a hearing. 140
The witness confirmed that there was a quorum during the December
26, 2013 special session and that six (6) members voted. The session was
presided by Vice Mayor Gica and those members of the Sanggunian
concerned were politically allied with the latter including Atty. Dacum0 s.
1
Likewise, Vice Mayor Gica refused to sign the disputed budget. It was shown
133 Exhibits "H-5" to "H-6". A /
134 Exhibits "H-7" to "H-l 0". (V

135 Counsel for accused Boquecosa, et al. ,...I
136 TSN dated May 10, 2018, p. 12. ~
138 TSN dated July 5, 2018, pp. 5-7.
139 Exhibits "H-5" to "H-6".
140 Supra note 138, pp. 7-9.
DECISION
Page 22 of67
x-------------------------------------------------- x
that the witness is not familiar whether the Vice Mayor's signature is required
before an ordinance maybe considered or passed. She asserted that the validity
of the ordinance requires the appropriate designation of the Sangguniang
Bayan Secretary as well as the resolution that requires the actual budget.':"
When asked whether the temporary designation of Cabonilas was

already revoked by proper authority, the witness stated that the decision of the
Civil Service Commission proper already acknowledged Nerio Aquino as the
duly appointed SB Secretary. The witness admitted that she is not familiar
with the decision'F rendered on November 5, 2013 by the CSC South Field
Office invalidating Aquino's appointment.!"
Anent the committee report on April 7, 2014, it was ratified by the

Sangguniang Panlalawigan of Cebu on the same date. The witness
underscored that her report indicates that the questioned budget must be
returned for its irregularities, and not the validity of appointments of the
Sanggunian officials. The authority to rule on the appointments of officials
and public servants in the local government is vested in the CSC and not in
the Sangguniang Panlalawigan.!"
Upon continuation of cross conducted by Atty. Famor, 145 Engr. Sanchez

acknowledged that the Sangguniang Panlalawigan does not have the power to
declare if an appropriation ordinance passed by the municipality as invalid.
As recounted by the witness, the Municipality of Dumanjug did not submit
the appropriation budget for the year 2014. Nonetheless, she could not recall
whether the said municipality submitted another budget in lieu ofthe first one.
She could not also recall whether the Sangguniang Panlalawigan acted on
another appropriation budget for the Municipality ofDumanjug for fiscal year
2014.146
During the re-direct examination, the witness explained that they

returned Resolution No. 18-2013147 since there were two (2) resolutions
1
coming from the same locality, signed by two (2) different secretaries. Since
these are questionable and needed further clarification, they returned the
annual budget of the municipality.'48
141 Id., pp. 10-14.

142 Exhibit "Q".
143 Supra note 138, pp. 15-19.
144 Id., pp. 20-22.
145 Counsel for accused Boquecosa, et at.
146 Supra note 138, pp. 22-26.
147 Exhibits "B-7" to "B-8".
148 Supra note 138, p. 27.
DECISION
Page 23 of67
x-------------------------------------------------- x
On re-cross by Atty. Yabut, 149 the witness said that she is not aware if
someone complained regarding the implementation of the said budget for
fiscal year 2014, after the two (2) resolutions bearing the same numbers were
returncd.P''
When re-cross examined by Atty. Famor,"" the witness maintained

there were two (2) resolutions submitted to them bearing the same Resolution
Nos. 18-2013. The first Resolution No. 18-2013152 covers the annual budget
of the Municipality of Dumanjug, while the other Resolution No. 18-2013153
refers to the supplemental budget of another barangay signed by another
secretary. I 54
8.) ARNEL FAMOR ("Famor")
Arnel Famor's testimony was dispensed with after the parties stipulated
the following: 155
1.) That the witness is the Human Resource Municipal Officer

of the Municipality of Dumanjug, Cebu;
2.) That he will identify Exhibit "F" and series which include
the Service Record, Personal Data Sheet, Appointment Papers and
other documents in the 201 File of Nerio Aquino and Emmylou
Cabonilas;
3.) That he will identify Exhibit "I" which is the

Memorandum Order dated June 25, 2013 issued by then Mayor Nelson
Gamaliel Garcia designating Emmylou Cabonilas as Acting SB
Secretary;
4.) That he will identify Exhibit "L-IO";
5.) That he will identify Exhibit "M" which is the

Appointment dated September 5,2013 ofNerio Aquino as Secretary to
the Sangguniang Bayan of Dum anjug signed by then Vice Mayor Gicaj
~ /!
149
150
Supra note 138, pp. 28-29.
tr'
152 Exh ibits" B- 1" to "B-8".
153 Exhibit "B-9".
154 Supra note 138, pp. 29-31.
155 Order dated May 10,2018, Records, Vol. 2, pp. 358-359.
DECISION
Page 24 of67
x--------------------------------------------------x
6.) That he will identify Exhibit "N" Memorandum Order

issued by Vice Mayor Gica to accused Cabonilas requiring to turn-over
duties and responsibilities of SB Secretary to Nerio Aquino.
9.) DANILO K. RODAS ("Rod as")
The testimony of Danilo K. Rodas was dispensed with after the parties
made the following stipulations: 156
1.) That he is currently the Provincial Budget Officer,

Province of Cebu;
2.) That he has in his custody Budget Records submitted by

the various municipalities from Cebu Province; and
3.) That he has in his custody Resolution No. 18-2013 dated

December 26, 2013.
Atty. Yabut,157 however, stipulated only as to the existence of

Resolution No. 18-2013.
10.) ATTY. PRISCO S. RI VERA, JR. ("Atty. Rivera")
In his Judicial Affidavit.l " Atty. Prisco S. Rivera, Jr. stated that he is
the Director In of the Commission Secretariat and Liaison Office of the Civil
Service Commission since July 8, 2008. He has been employed with the Civil
Service Commission for twenty-one (21) years. One of his important
functions includes the management of weekly commission meetings, wherein
administrative cases and policy matters are discussed, among others.
In connection with his function, he attested a decision 159 promulgated

by the CSC validating the appointment of Nerio Aquino as Secretary to the
Sangguniang Bayan of the Municipality of Dumanjug, Cebu. The attestation
shows that the witness was present when the said decision was deliberated and
signed by the commissioners during the commission meeting. Likewise, he
identified the signatures of former Commissioner Nieves L. Osorio and
Former Chair Francisco T. Duque in the CSC decision 160. /
156
157
158
Id.
// A)
(/
Records, Vol. 2, pp. 382-386. Also see: TSN dated August 28,2018, pp. 4-7.
r!
159 Exhibits "U" to "U-9".
160 Id.
DECISION
Criminal Case No. S8-16-CRM-I079
Page 25 of 67
x-------------------------------------------------- x
The witness added that he is authorized to sign in the attestation portion

of the CSC decision 161being the Director III of the Commission Secretariat
and Liaison Office who attends commission meetings. He is authorized under
his job description to sign for and in behalf of Director Bonifacio in the
decisions or resolutions promulgated by the CSC. He produced the controlled
copy162dated May 28, 2013 of case adjudication secretariat, document no. JP-
03_13.163
The defense dispensed with the cross-examination of the witness.
There being no other witness to be presented, the prosecution rested its

case and filed its Formal Offer of Evidence (For the Prosecution) dated
September 21,2018.164 The following exhibits were admitted by the Court,
viz: 165
Exhibits Description
"A" Complaint letter dated March 4, 2014 addressed to Pelagio
Apostol, then Deputy Ombudsman for the Visayas, signed by
Efren Guntrano Gica ("Gica") and Atty. Joshua Dacumos
("Dacumos")
"A-I" and "A-2" Respective signatures of Gica and Atty. Dacumos
"B" to "B-4" Joint Complaint-Affidavit dated March 3, 2014 signed by

Gica, Dacumos and Aquino consisting of 5 pages
"B-2-a", "B-3-a" Respective signatures of Gica, Atty. Dacumos and Aquino

and "B-3-b"
"B-5" to "B-6" Journal of the Special Session of the Sangguniang Bayan of

Dumanjug held on December 26, 2013 signed by Nerio T.
Aquino consisting of 2 pages
"B- 7" to "B-8" Resolution No. 18-2013 dated December 26, 2013 on the
Appropriation Ordinance No. 2 authorizing the annual budget
ofthe Municipality of Dum anjug for Fiscal year 2014, signed
by Emmylou Q. Cabonilas, consisting of2 pages
"B-9" Resolution No. 18 s 2013 dated September 25, 2013 of the

Sangguniang Bayan of the Municipality of Dum anjug, signed
by Nerio T. Aquino as SB Secretary
161 Id.
162 Exhibit "Y".
163 TSN dated August 28,2018, pp. 13-16.
164 Supra note 13, pp. 428-631.
165 Records, Vol. 3, pp. 19-21.
DECISION
Criminal Case No. SB-J6-CRM-l 079
Page 26 of67
x--------------------------------------------------x
"c" to "C-12" Reply-Affidavit filed with the Office of the Ombudsman-

Visayas on September 5, 2014, signed by Gica and Atty.
Dacumos, consisting of 13 pages
"C-12-a" and "C-12- Respective signatures of Gica and Atty. Dacumos, consisting
b" of 13 pages
"D" to "D-6" Counter-Affidavit of Evelinda T. Quirante dated July 21,

2014 with Annexes, consisting of 7 pages
"D-2-a" Evelinda Quirante's signature
"F" to "F-1" Appointment certificate of accused Cabonilas dated July 7,

2009 as Admin. Officer IV (Information Officer II) of the
Municipality of Dumanjug
"F-3" to "F-4" Position Description Form stating accused Cabonilas duties

and responsibilities as Admin. Officer IV (Information
Officer II)
"F-5" Oath of Office as Administrative Officer IV (Information

Officer II) dated July 7, 2009 signed by accused Cabonilas
"F-6" Certification dated July 7, 2009
"F-7" to "F-15" Personal Data Sheet, Notices of step increment and salary
adjustment of Cabonilas as Administrative Officer
IVIInformation Officer
"F-16" Resignation Letter dated June 11, 2016 signed by Cabonilas
"F-I7" Monthly Report on Separation of the Municipality of

Dumanjug for the month of June 2016
"F-18" Letter of Nerio Aquino dated May 6, 2015 addressed to Mr.

Amelle Famor submitting relevant documents relative to
Aquino's appointment as SB Secretary
"F-2l" Notarized Oath of Office dated September 5, 2013 signed by

Aquino
"F-22" Report on Appointments Issued for the month of September

2013 signed by Efren Guntrano Gica, with stamp received by
the CSC Regional Office No. 7 Cebu City on September 14,
2013
"F-23" Application letter dated July 1, 2013 signed by Aquino

addressed to Vice Mayor Gica
DECISION
Page 27 of67
x--------------------------------------------------x
"F-24" Certification dated September 5,2013 signed by Vice Mayor

Oica certifying that Nerio T. Aquino assumed office as SB
Secretary on September 5, 2013
"F-25" BR Action Notice dated September 5, 2013 on the

appointment of Aquino as Secretary to the Sangguniang
Bayan of Dumanjug signed by Gica
"F-28" to "F-31" Personal Data Sheet of Aquino dated September 5, 2013
"F-32" Certification dated September 5, 2013
"F-33" BIR Application of Aquino
"F-34" to "F-35" SALN as of September 2013 signed by Aquino
"F-36" to "F-39" Aquino's Medical Certificate for Employment with

attachments
"F-26" to "F-27" Position Description Form of Aquino as Sangguniang Bayan

Secretary
"G"" Journal of the regular session dated October 30,2013
"0-2", "0-3", "0-4" Respective signatures of Aquino, Gica, Quirante and Erwin
and "0-5" Gica
"0-1 " Journal ofthe regular session dated December 11,2013
"0-6", "0-7", "0-8" Respective signatures of Aquino, Gica, Quirante and Erwin
and "0-9" Oica
"B-11" to "H-20" Resolution No. 589-2015 dated March 9, 2015
"H-21" to "H-25" Resolution No. 590-2015 dated March 9,2015
"H" to "B-1" Resolution No. 1005-2015 dated April 27, 2015
"H-2" to "H-4" Resolution No. 1006-2015 dated April 27, 2015 (All issued
by the Sangguniang Panlalawigan of Cebu Province)
"B-5" to "H-6" Committee Report No. 96-2014 dated April 7, 2014 of the
Committee on Budget and Appropriations, SP Cebu
Province, signed and identified by Engr. Grecilda Sanchez
"B-7" to "B-1 0" SP Cebu Province's Resolution No. 694-2014 dated April 7,
2014
DECISION
Page 28 of67
x--------------------------------------------------x
"I" Memorandum Order No. 21 dated June 25, 2013 issued by

then Mayor Nelson Gamaliel Garcia designating Emmylou
Cabonilas as Acting SB Secretary
"J" Notice of vacant position of the Secretary to the Sangguniang

Bayan of Dumanjug signed by Vice Mayor Gica
"K" to "K-3" Resolution No. 102-2013 dated June 25, 2013 enacting
Ordinance No. 3 series of2013 approved by accused Nelson
Garcia
"K-4" to "K-18" Merit Selection Plan ofthe Municipality of Dumanjug signed

by Municipal Mayor Cesar Baricuatro and approved by the
CSC Regional Office
"L" Letter dated August 28, 2013 from Efren Gica addressed to
Rodulfo Femandez
"L-l " Letter dated August 28, 2013 from Efren Gica addressed to
Luzviminda Melegrito
"L-2" Attendance during the meeting on August 29,2013 regarding

the screening of SB Secretary applicants
"L-3" to "L-4" Minutes of the meeting of the Personnel Selection Board

dated August 29,2013
"L-5" Letter dated September 3, 2013 from Efren Gica addressed to

Rodulfo Femandez
"L-6" Letter dated September 3, 2013 from Efren Gica addressed to

Luzviminda Melegrito
"L-7" Minutes of the Meeting of the Personnel Selection Board

dated September 4,2013
"L 11", "L-12", "L- Efren Gica's signatures in Exh. "L" series
13", "L-14", "L-15"
"M" to "M-2" Appointment dated September 5, 2013 of Nerio Aquino as

Secretary to the Sangguniang Bayan of Dumanjug, signed by
Vice Mayor Efren Guntrano Gica
"M-I" Efren Guntrano Gica's signature
"Q" CSCFO-Cebu South Decision dated November 5, 2013,

consisting of two pages
"R" to "R-9" Vice Mayor Gica's appeal on the Decision of CSCFO Cebu
South dated November 29,2013
DECISION
Criminal Case No. S8-16-CRM-J 079
Page 29 of67
x-------------------------------------------------- x
"R-9-a" Efren Gica's signature
"T" to "T-13" Vice Mayor Gica's appeal to the Civil Service Commission
"T-13-a" Efren Gica's signature
"U" to "U-9" CSC Decision dated November 11,2014 reversing the CSC
field and regional offices
"V" to "V-25" Court of Appeal's Decision dated November 6,2015 denying

Nelson Gamaliel Garcia's Petition for Review consisting of
26 pages
"w" Supreme Court's Resolution dated September 14, 2016

denying Nelson Garcia's petition for review on certiorari
"X" to "X-2" Letter dated October 4, 2013 from CSC Director Karin Litz
P. Zerna addressed to accused Nelson Garcia
"X-2-a" Signature of CSC Director Zerna
"Y" Statement of Duties and Responsibilities of Director III of the

CSC's Commission Secretariat and Liaison Office
The Court also noted the following: 166 1.) Exhibits "F -19" to "F -20",
"L-S" to "L-1 0, N, 0, P were not offered by the prosecution; 2.) There is no
Exhibit "L-1S" in the records although the same was offered by the
prosecution; 3.) Exhibit "S" and series was not attached to the prosecution's
Formal Offer but is indicated to be a common exhibit (Exhibit "9-Nelson
Garcia"); and 4.) Exhibit "Y" as referred to in the Formal Offer was originally
marked as Exhibit "X" but since there was already an Exhibit "X", the
prosecution requested that the same be remarked as Exhibit "Y".
On November 5 and 23, 201S, herein accused separately filed their

respective Motions for Leave of Court to File Demurrer to Evidence'P' but the
Court resolved''" to deny the same.
EVIDENCE FOR THE DEFENSE
1.) NELSON GAMALIEL FIEL GARCIA ("Mayor Garcia,'t
166
167
Id., p. 21.
Id., pp. 28-34; 54-56.
I
168 Id., pp. 68-72.
DECISION
Page 30 of67
x--------------------------------------------------x
In his Judicial Affidavit, 169 Nelson Gamaliel Fiel Garcia stated that he
served as the Mayor of the Municipality of Dumanjug, Cebu from 2010 to
2016.
He identified his Counter Affidavit'?" dated July 9, 2014 which he

executed in relation to the instant case. The witness recalled that a case for
Falsification of Public Document was filed against him before the Office of
the Ombudsman by Efren Gica, the former Vice Mayor of Dumanjug during
his term as Mayor from 2013 to 2016, Atty. Dacumos who was the former
councilor, and Nerio Aquino. Although the case for falsification was
dismissed, the witness was indicted for Usurpation of Official Functions.
Thus, he filed for a Motion for Reconsideration!" dated August 15,2016 and
a Motion for Reconsidcration/Reinvestigation 172 dated August 18, 2016 to the
said decision.
Mayor Garcia testified that he called for the special session held on
December 26, 2013. He did not attend the said special session but he signed
the appropriation ordinance based on Section 54 of the Local Government
Code which allows him to either approve or veto any ordinance enacted by
the Sangguniang Bayan. He knew Emmylou Cabonilas as she was already the
Information Officer II or Administrative Officer IV of the municipality when
he was the Mayor from 2010 to 2016. Cabonilas is also the eo-accused of the
witness as indicated in her counter-affidavit.T" Moreover, Cabonilas was
appointed by former Mayor Cesar Baricuatro as shown by her Certificate of
Appointment 174.
During Mayor Garcia's term from 2010 to 2013, the Vice Mayor was
Christopher Baricuatro until June 30, 2013. Meanwhile, Victor Tan served as
the SB Secretary from 2010 to 2013 until his retirement on June 25, 2013. On
June 25, 2013, Mayor Garcia issued an office memorandum" designating
Cabonilas as Acting SB Secretary. The witness clarified that the designation
of Cabonilas is merely temporary for one (1) year pursuant to CSC
Memorandum Circular No. 06, S. 2005176 dated February 5, 2005. She would
serve in an acting capacity only until the appointment of the permanent SB
Secretary. Based on the office memorandum.U? Cabonilas' designation as
Acting SB Secretary shall take effect on June 26, 2013. During this time, the
incumbent Vice Mayor was Christopher Baricuatro and the latter did not J
Id., pp. 85-206. IA /
I
169
170 Exhibits "l-N" to "l-M-N. Garcia". IV

171 Exhibits "2-N. Garcia" to "2-L-N. Garcia".
l72 Exhibits "2-M-N. Garcia" to "2-Z-N. Garcia"
173 Exhibits "21-N. Garcia" to "21-8-N. Garcia".
176 Exhibits "47-N. Garcia", "47-A-N. Garcia", "47-8-N. Garcia", and "47-C-N. Garcia".
DECISION
Page 31 of67
x----------------------------------------------- x
oppose the said office memorandum. On August 25, 2010, the SB passed
Resolution No. 82-2010178 designating Cabonilas as the Assistant SB
Secretary and to assume the job of the SB Secretary in the absence of Victor
Tan.
From 2013 to 2016, Efren Gica was elected Vice Mayor of Dumanjug.
The witness is not aware of any resolution revoking Resolution No. 82-
2010179• On July 1, 2013, Vice Mayor Gica presided the regular session of
the SB and it was Cabonilas who acted as the SB Secretary at that time. Vice
Mayor Gica and the rest of the SB Members, including Atty. Joshua Dacumos,
recognized Cabonilas as Acting SB Secretary as reflected in Resolution No.
°.
1-201318 From 2013 to 2016, Cabonilas was recognized as Acting SB
Secretary and was allowed to perform such functions in temporary capacity
as shown in the various resolutionsl'" passed by the SB from July 31, 2013 to
September 4, 2013.
The witness further recounted that Nerio Aquino was a former barangay
chairman in Dumanjug, and Vice Mayor Gica appointed him as SB Secretary
on September 5, 2013. Consequently, SB Member Antonio Garcia wrote a
letterl82 dated September 16, 2013 to the CSC Regional Office 7 in Cebu City
questioning the manner of Nerio Aquino's appointment as the SB Secretary.
Thereafter, the majority group in the SB attempted to raise the matter ofNerio
Aquino's appointment during the regular session as indicated in the SB
Journall'" dated October 16,2013.
On November 5, 2013, the Director of CSC Cebu South Field Office

wrote a letter!" to Vice Mayor Efren Gica invalidating the permanent
appointment of Nerio Aquino for the latter's failure to undergo screening by
the Personnel Selection Board as required by the CSC rules. More so, the
members of the SB still raised the matter of Aquino' s invalid appointment as
reflected in the SB Journall'" dated January 15,2014 which was signedl'" by
Emmylou Cabonilas as Acting SB Secretary and by majority of the SB
Members. After the CSC Cebu South Field Office invalidated Aquino's
appointment, Cabonilas continued to sign as Acting SB Secretary in %
/
\78 Exhibit "4-N. Garcia".
\79 Id.
\80 Exhibit "6-N. Garcia".
\8\ Exhibits "7-N. Garcia" to "13-N. Garcia", "13-A-N. Garcia", "13-8-N. Garcia" and "13-C-N.
Garcia".
\82 Exhibits "18-N. Garcia" to "J8-C-N. Garcia".
\83 Exhibits "14-N. Garcia" to "J4-8-N. Garcia".

\84 Exhibits" 19-N. Garcia" to "J9-A-N. Garcia".
\85 Exhibits" IS-N. Garcia" to "JS-8-N. Garcia".
\86 Exhibits "IS-C-N. Garcia" to "IS-I-N. Garcia".
DECISION
Criminal Case No. S8-16-CRM-\ 079
Page 32 of67
x-------------------------------------------------- x
official documents of the Sangguniang Bayan such as the SB Journal'"? dated

January 22, 2014.
Subsequently, Vice Mayor Gica appealed the decision of the CSC Cebu
South Field Office to the CSC Regional Office. In its decision dated June 26,
2014, the CSC Regional Office dismissed the appeal and maintained the
invalidity of Aquinos appointment as the SB Secretary. As a result, Vice
Mayor Gica elevated the matter to the CSC Main Office. On November 11,
2014, the CSC Main Office reversed the decisions of both the CSC Field and
Regional Offices, and ruled that Aquino' s appointment as valid.
In addition, Mayor Garcia invoked that he acted in good faith when he

signed the disputed appropriations ordinance since he is allowed by law to
approve or to veto an ordinance. He also relied on the rulings of the CSC Field
and Regional Offices which invalidated Aquino's appointment. Lastly,
invoked by the witness is his power as a Mayor to fill a vacant career position
after the said retirement of Victor Tan pursuant to Section 80 of the Local
Government Code as shown in the former's Commentl'" dated March 6, 2014
to the Office of the Ombudsman for the Visayas, and in the Letter'"? dated
January 10,2014 to Atty. Karin Zerna, Regional Director of the CSC.
On cross-examination, the witness testified that he served as municipal

Mayor for two (2) terms. He admitted that he called the special session on
December 26, 2013. The witness averred that the there was a written proposal
for the disputed budget at that time.
When confronted with the journal"? of the aforesaid session, Mayor

Garcia posited that he did not read it since the Sanggunian did not recognize
Nerio Aquino as the duly appointed SB Secretary. He did not attend the
session since he was out-of-town. The witness also denied that he is aware
that Nerio Aquino acted as the SB Secretary during the December 26, 2013
special session. Mayor Garcia acknowledged that he signed its minutes 191. The
minutes was submitted by the budget officer to Mayor Garcia and the latter
signed the same in his office. He could not recall whether the minutes was
that he did not send somebody to inform Evelinda Quirante to sign the
in his office."?
=:
prepared by Cabonilas. As regards the other signatories of the minutes, the
witness vehemently denied that they signed in his office. The witness insisted
;V
187 Exhibits "16-N. Garcia", "16-C-N. Garcia" to "\6-F-N. Garcia". cV'
188 Exhibits "56-N. Garcia" to "56-L-N. Garcia".
189 Exhibits "58- N. Garcia" to "58-8-N. Garcia".
190 Exhibit "8-5".
191 Exhibits "8-7" to "8-8".
192 TSN dated March 12,2019, pp. \2-23.
DECISION
Page 33 of67
x-------------------------------------------------- x
Mayor Garcia could not recall whether Resolution No. 18-2013193 was
submitted to the Provincial Board on December 27, 2013 since it is the duty
of the budget officer to do so. He disavowed that he instructed Cabonilas to
submit the resolution to the Provincial Board and that it was returned to them
by the latter. The Provincial Board did not act on the said budget after the
lapse of more than ninety (90) days. Also, he is not aware that the
appropriation ordinance had irregularities and that there were two (2)
resolutions bearing the same number. The witness is not aware that Nerio
Aquino prepared another budget or resolution. 194
He designated Cabonilas as the Acting SB Secretary on June 25, 2013,

or five (5) days prior to the assumption of office of the Vice Mayor. She was
designated as the Acting SB Secretary on the same day that the former SB
Secretary retired. The designation was only made once; then, on September
30,2014, the witness designated Arnel Famor as the SB Secretary. On July 1,
2013, Efren Gica assumed as Vice Mayor and presided the regular session on
the same date while Cabonilas served as the Acting SB Secretary. Mayor
Garcia professed that he did not inform Vice Mayor Gica that he designated
Emmylou Cabonilas to the said position. Vice Mayor Gica knew that
Cabonilas' designation is not permanent since the latter signed in all the
resolutions in an acting capacity. 195
After being informed that Vice Mayor Gica appointed Nerio Aquino as
the new SB Secretary, the witness objected to the appointment. Invoking
Section 80 of the Local Government Code, the witness maintained that it is
within the power of the local chief executive to decide to fill-up a vacant
career position by posting the vacancy. Yet, Vice Mayor Gica directly
appointed Aquino as the SB Secretary without even passing the personnel
selection board. More so, it was pointed out by the prosecution that the witness
did not declare the position vacant despite the retirement of the former SB
Secretary. The witness explained that there were other applicants who are
more qualified than Nerio Aquino to the position of the SB Secretary. When
the December 26, 2013 special session was held, Mayor Garcia was aware
that invalidation of Aquino' s appointment was not yet final. The prosecution
further underscored that the composition of the personnel selection board as
stated in Resolution No. 102-2013196 was disapproved by the Civil Service
Commission. 197
2.) EMMYLOU QUILATON CABONTLAS("CabOnilaS"! ,J
193
194
195
196
Exhibits "8-7" to "8-8".
Id., pp. 26-31.
Exhibits "K" to "K-3".
r
197 Supra note 192, pp. 31-37.
DECISION
Page 34 of67
x--------------------------------------------------x
In her Judicial Affidavit.l'" Emmylou Quilaton Cabonilas stated that

she was the Administrative Office IV (Information Officer 11) of the
Muncipality of Dumanjug, Cebu.199 She recalled that on December 26,2013
at around 11 :00 a.m., she attended the session of the Sangguniang Bayan of
Dumanjug, Cebu which deliberated the municipality's 2014 annual budget.
She took down notes on what transpired during the session.
Sometime in August 2010, the SB of Dumanjug passed Resolution No.

82-2010200 designating her as the Assistant SB Secretary. Aside from the
resolution, Mayor Nelson Garcia also designated her as the Acting SB
Secretary by virtue of Office Memorandum Order No. 21.201 Although
Cabonilas was designated as the Acting SB Secretary, she was only receiving
the salary of an Administrative Officer IV. Prior to the aforesaid session, she
was already performing the functions of the Acting SB Secretary as shown in
some of the resolutions+" of the SB of Dumanjug, Cebu.
The witness clarified that during the December 26, 2013 special
session, it was Nerio Aquino who acted as the SB Secretary as he was
appointed by Vice Mayor Gica on September 5, 2013. She still attended the
session because the appointment ofNerio Aquino was invalidated by the CSC
during that time. Afraid that she would be charged with dereliction of duty if
she would not perform her function as the Acting SB Secretary, she opted to
attend the session and took down notes of the proceedings. Cabonilas further
maintained that nobody prevented Aquino from performing his functions as
the SB Secretary even her eo-accused in the present case.
During the deliberation of the 2014 annual budget, Atty. Dacumos

objected thereto since he did not receive the copy of the budget proposal.
According to Atty. Dacumos, the budget proposal should be presented first to
the plenary then it must be referred to the committee on finance. Despite the
objection, the 2014 Annual Budget of Dumanjug was eventually passed and
approved since majority of the members of the Sangguniang Bayan voted in
favor of its passage. The witness admitted that she prepared Resolution No.
18-2013 approving the annual budget of the Municipality of Dumanjug under
Appropriation Ordinance No. 2. She was compelled to prepare the said
resolution as Nerio Aquino refused to prepare and submit the same to the
provincial budget office. It was reiterated by Cabonilas that she was
designated as the Acting SB Secretary and such designation was not reVOked~
by any other resolution. Moreover, the witness argued that she could also
jJ
198 Supra note 165, pp. 225-243.
199 Exhibit "14-Boquecosa, et al." (also Exhibit "F" and "F-l ").
200 Exhibit "3-Boquecosa, et a\'''.
202 Exhibits "5-Boquecosa, et a\''' to "12-Boquecosa, et a\'''.
DECISION
Page 35 of 67
x-------------------------------------------------- x
validly function as the Acting SB Secretary whenever the appointed SB

Secretary refused to perform his duties.
As regards the other signatories in Resolution No. 18-2013, the witness

brought it to their respective offices. After the councilors signed the said
resolution, she brought it to the office of Mayor Garcia for the latter's
signature. Afterwards, she submitted it to the Office of the Provincial
Secretary of Cebu. The witness related that the Vice Mayor questioned the
said resolution before the Provincial Board of Cebu; consequently, Mayor
Garcia was suspended by the latter. Being the Vice Mayor, Gica assumed as
Acting Mayor sometime in 2014. The witness stated that there was no other
budget ordinance for 2014 that was passed by the SB of Dum anjug.
During cross-examination, the witness testified that she was appointed

as the Administrative Officer IV or Information Officer 11of the Municipality
of Dumanjug from July 7, 2009 until June 25, 2016. Her responsibilities are
to collect data and information needed for the delivery of basic services for
the municipality, and to assist the Mayor in matters of public concern. As
Administrative Officer IV, she generally received instructions from Mayor
Garcia, and her functions as such pertain to the executive department and has
nothing to do with the legislative or Sangguniang Bayan. The witness declared
that as a graduate of Bachelor of Laws, she is aware of the legal principles on
appointment, designation, and the rules on appeals and finality of
judgement. 203
On August 25, 2010, Cabonilas was designated as the Assistant SB

Secretary in lieu of Victor R. Tan. Such designation was made through a
resolution passed by the Sanggunian and attested by then Vice Mayor
Christopher Baricuatro. She is fully aware that it is the Vice Mayor who has
the power to appoint employees of the Office of the Sangguniang Bayan.
Cabonilas was designated as Assistant SB Secretary since Victor Tan was
already old and sickly during that time. She knew that the designation was
conditional because she would only perform the job in the absence of then SB
Secretary Victor Tan.204
It was confirmed by the witness that Tan retired on June 25, 2013. On
the same date, she was designated as the Acting SB Secretary by Mayor
Garcia through Memorandum Order No. 21. The witness knew that her
designation was merely five (5) days prior to June 30, 2013, which is the date
when Vice Mayor Efren Gica assumed office. Even so, she did not question
her designation. Cabonilas asseverated that during the inaugural session, Vice
Mayor Gica recognized her as the SB Secretary. On clarificatory, the witness /
'" TSN dated June 18,2019, pp. 15-17.

204 Id., pp. 17-18.
/f r.J
DECISION
Page 36 of67
x-------------------------------------------------- x
stated that Vice Mayor Gica impliedly recognized her as the SB Secretary as
he signed her resolutions. She neither requested Vice Mayor Gica to issue her
a written designation as the Acting SB Secretary nor asked the latter to correct
her earlier designation made by Mayor Garcia. She did not also request her
designation be made through a resolution of the SB as what was previously
made when she was designated as Assistant SB Secretary. During Vice Mayor
Gica's assumption, Cabonilas did not inform him that it was Mayor Garcia
who designated her to the said position.i'"
The prosecution underscored that as stated in the aforesaid

memorandum order, the designation of the witness as the Acting SB Secretary
is from June 26, 2013 up to the time when an appointed SB Secretary shall
assume office. On September 5, 2013, Nerio Aquino was appointed by Vice
Mayor Gica. Cabonilas applied to the same position but was not chosen by
the Vice Mayor. After Aquino's appointment, Vice Mayor disallowed her
from performing the functions of SB Secretary. Vice Mayor Gica requested
for the keys of the Office of the SB Secretary but she refused to do so. The
witness added that she is not aware that based on CSC rules, the period of
designation is only for a maximum of one (1) year.i'"
Furthermore, the witness confirmed that Nerio Aquino was performing

his functions as the SB Secretary during the session on December 26, 2013
and that he did not abandon his position. It was likewise voluntary on the part
of the witness to attend the said session to take down notes of the proceedings.
However, the said notes could no longer be produced by the witness.
Cabonilas conceded that she is aware that the Sanggunian deliberated the 2014
annual budget even without the actual copy of the proposed budget. Similarly,
the witness obliged herself to prepare Resolution No. 18-2013207 as the annual
budget was endorsed to her. When asked by the Court who endorsed to her
the copy of the annual budget, the witness answered that Mayor Garcia
endorsed the copy from the municipal budget officer, then she endorsed the
same to the Chairperson of the Committee on Finance, Councilor Eliezar
Amadora.i'"
On December 27,2013, the day immediately after the special session,

the witness submitted the said resolution to the Provincial Secretary of Cebu.
As the session ended around noon, she only had a few hours to prepare and
secure the signatures of those who were indicated in the said document. It was
established that Cabonilas is familiar with the tedious process of preparing the
annual budget and the process that it has to undergo. There must be a bUdg~t
proposal which has to be recommended to the committee, then it will be .
205
206
207
Id., pp. 19-21.
Id., pp. 21-24.
1
,;
208 Supra note 203, pp. 26-30.

DECISION
Criminal Case No. S8-\6-CRM-\ 079
Page 37 of67
x--------------------------------------------------x
deliberated by the SB. After the deliberation and approval of the SB, the
appropriation ordinance will be prepared by the SB Secretary. Similarly, it has
to be attested by the Vice Mayor and approved by the Mayor. Yet, the witness
acknowledged that she did not request the Vice Mayor to sign in the attestation
part of the said resolution"?
Cabonilas went to the respective offices of the councilors for their

signatures. However, the witness disclosed that she was present at the office
of Mayor Garcia when Councilor Evelinda Quirante and the accused
councilors signed the purported resolution. She confirmed that Mayor Garcia
and the other accused councilors all belonged to the same political party. The
accused councilors did not question her preparation of the resolution although
they were all present during the aforesaid special session when Nerio Aquino
acted as the SB Secretary. It was further testified by Cabonilas that she did
not go to the office of Vice Mayor Gica to obtain his signature because their
relationship became hostile. Although the witness knew that Vice Mayor Gica
had to sign the resolution, she did not attempt to go to his office since she was
being harassed and bullied by the latter. On clarificatory, the witness averred
that she is not afraid of Vice Mayor Gica before since her father was running
as barangay captain under his party. The Court noted that the witness was
crying while giving her answers.i!?
During the time she prepared Resolution No. 18-2013,211 she knew that
the decision of the CSC Field Office was not yet final and executory since
Vice Mayor Gica filed an appeal. She is also aware that the appointment of
Aquino was subsequently validated by the CSC Commission Proper.e'?
Additionally, the witness could not recall whether Resolution No. 18-
2013 213 was returned by the Provincial Board unacted due to some findings of
irregularities.i"
On re-direct examination, the witness explained that every time she

would go to the session hall, Vice Mayor Gica would say, "What are you
doing here? We don't like you." He also uttered, "Kahit magdala ka ng baril
ng papa mo dito, hindi kami natatakot." Thus, she opted not to go to Vice
Mayor Gica to sign the resolution. Vice Mayor Gica used to recognize the
witness as the SB Secretary since he would sign the resolutions+':' prepared by
:,abonilas and he even requested the latter's father to run as barangay caPt;i~)
I;
I
Id., pp. 3\-33.
210 ld., pp. 33-36.
211 Exhibits "8-7" to "8-8".
212 Supra note 203, pp. 37-38.
213 Exhibits "8-7" to "8-8".
214 Supra note 203, p. 38.
215 Exhibits "5-80quecosa et al." to "12-80quecosa, et al.".
DECISION
Page 38 of 67
x-------------------------------------------------- x
under his camp. Her father ran under the Vice Mayor's camp but the latter
turned hostile when Evelinda Quirante's husband ran also for barangay
captain and then Evelinda Quirante sided with Vice Mayor Gica.216
When re-cross examined, the witness testified that the resolutions"?

signed by Vice Mayor Gica on the attestation part were made prior to the
appointment of Aquino on September 5, 2013. After September 5,2013, Vice
Mayor Gica no longer allowed her to act as the SB Secretary. 218
2.) MERIAM P. LLANO ("Llafio")
In her Judicial Affidavit,"? Meriam P. Llafio stated that she was a

Sangguniang Bayan Member of the Municipality Dumanjug, Cebu.
On December 26, 2013, at around 11:00 a.m., she attended the session
of the Sangguniang Bayan of Dumanjug, Cebu which deliberated the 2014
annual budget. She, together with accused Ricardo A. Boquecosa, Ricardo C.
Condes, Eliezar B. Amadora and Antonio L. Garcia, attended the said session
since they were all SB Members of Dumanjug. Accused Emmylou Cabonilas
also attended in order to take down notes of the proceedings being the
Assistant SB Secretary.
Meanwhile, Nerio Aquino acted and performed the functions of the SB

Secretary during that time. The witness argued that nobody ever prevented
Aquino from performing his functions as the SB Secretary in spite of the fact
that his appointment was invalidated during the conduct of the said session.
Regarding the 2014 annual budget, it was approved during the session on
December 26,2013 and the following day, she was able to sign the same.
Llafio identified Resolution No. 18-2013220 approving the said

budget.P! It was voluntarily signed by the witness in her own office cubicle
at the Legislative Building of Dumanjug, Cebu. The witness posited that the
budget contains the true and correct 2014 annual budget, which they validly
approved during their session.
On cross-examination, the witness confirmed that she and the other

accused SS Members attended the abovementioned session. They all belo,;-t
216
217
218
219
Exhibits "5-Boquecosa et al." to "12-Boquecosa, et al.".
Supra note 165, pp. 292-295.
I
220 Exhibits "B-7"- "B-8".
221 TSN dated July 16,2019, pp. 5-7.
DECISION
Page 39 of67
x-------------------------------------------------- x
to the same political party of Mayor Garcia, One Cebu Party. Further, Llafio
recalled that during their deliberation of the 2014 annual budget, there was no
actual or hard copy of the proposed budget. Nevertheless, she could not
remember if the budget has a written recommendation from the appropriate
committee. The witness and the rest of the accused SB Members voted to pass
the disputed budget even if there is no actual copy of the same.222
The witness denied that she and the other accused councilors
immediately proceeded to the office of Mayor Garcia after their session on
December 26, 2013. She confirmed that the 2014 annual budget was prepared
by Emmylou Cabonilas and that the preparation of the annual budget is a
tedious process. Initially, there must be a budget proposal and it has to be
recommended by the appropriate committee. Once passed by the Sangguniang
Bayan, the appropriation ordinance will be prepared and certified by the SB
Secretary. It must be attested by the Vice Mayor. After, the Mayor will either
approve or veto the ordinance. Once the signatures are completed, it will be
submitted to the Provincial Board for review and approval. The witness added
that the councilors must also sign in the said document.F'
Admittedly, Llafio did not question the preparation of Cabonilas of the

appropriation ordinance albeit Nerio Aquino acted and performed as the SB
Secretary during the said session. Aquino was appointed by Vice Mayor Gica
On September 5, 2013. The witness professed that Mayor Garcia was
suspended for the unauthorized designation of Cabonilas as the Acting SB
Secretary. After Aquino's appointment, Vice Mayor Gica did not allow
Cabonilas anymore to act as the SB Secretary. Still, Cabonilas performed the
functions of the SB Secretary on December 26,2013. The witness maintained
that Cabonilas attended the sessions and took down notes since the
appointment of Aquino was invalidated by the CSC Field Office. Llafio was
aware that Vice Mayor Gica appealed the decision of the CSC Field Office
and that the invalidation was not yet finat.224
It was underscored by the prosecution that when Cabonilas attended the

special session, she held the position of Administrative Officer IV or
Information 11, and her main function is to assist the Municipal Mayor in
matters of public concern in the executive department. The witness averred
that they reminded Cabonilas about the importance of the Vice Mayor's
signature in the attestation portion but the former could not recall the response
ofCabonilas. As regards Resolution No. 18-2013,225the witness testified that
she signed the following the day after the session. The witness aCknOWledge:;;
the signatures of the accused councilors in the said resolution. Likewise, ;
m Id., pp. 7-10. .J

223 Id., pp. 11-13. rJ.
224 Id., pp. 14-17.
225 Exhibits "B- 7"- "B-8".
DECISION
Page 40 of67
x------------------------------------------------- x
Cabonilas signed as the SB Secretary and the witness did not question the
same.F"
During re-direct examination, the witness avowed that the 2014 annual
budget approved by the SB on December 26, 2013 was the very same budget
used in 2014.227
4.) ELIEZER B. AMADORA ("Amadora")
In his Judicial Affdavit.F" Eliezer B. Amadora stated that he was one

of the Sangguniang Bayan Members of the Municipality of Dum anjug, Cebu.
On December 26, 2013 at around 11:00 a.m., the witness attended the
session of the Sangguniang Bayan of Dumanjug, Cebu which deliberated the
2014 annual budget. The other SB Members, Ricardo A. Boquecosa, Ricardo
C. Condes, Meriam P. Llafio and Antonio L. Garcia, also attended the said
session. Moreover, Emmylou Cabonilas attended the session in order to take
down notes of the proceedings being the Assistant SB Secretary of Dum anjug.
Amadora clarified it was Nerio Aquino who acted and performed as SB
Secretary during the said session. However, Cabonilas attended the session
since the appointment of Aquino was invalidated during that time. The
witness postulated that no one prevented Aquino from performing his
functions as the SB Secretary in spite of the invalidation of the latter's
appointment.
During the deliberation, Resolution No. 18-2013229 was passed and

approved the 2014 annual budget of Dumanjug, Cebu. On the following day,
Amadora signed the resolution. The witness voluntarily signed the said
resolution at his office situated in the Legislative Building of Dumanjug,
Cebu. It was further stated by the witness that the resolution contains the true
and correct 2014 annual budget of Dumanjug. The resolution was also signed
by the other accused SB Members and by Mayor Garcia. The witness made it
clear that he did not see the other signatories sign the resolution but he is
familiar with their respective signatures.
When cross-examined, Amadora disclosed that he and the other

accused SB Members, including Mayor Garcia, belonged to the same political
party. During the deliberation, Amadora asserted that he had an actual copy,
of the proposed 2014 annual budget since he was the chairperson of the
no Supra note 221, pp. 17-22.

227 Id., p. 23.
228 Supra note 165, pp. 315-319.
I;
229 Exhibits "8-7" to "8-8".
DECISION
People v. Nelson Gama1iel F. Garcia, et al.
Criminal Case No. S8-J6-CRM-\079
Page 41 of67
x--------------------------------------------------x
Committee on Finance and Appropriations but he could not recall if the rest
of the members had a copy of the proposed budget. He and his eo-accused
members voted for the passage of the 2014 budget. 230
During the above-mentioned session, the witness declared that Nerio

Aquino performed the functions of the SB Secretary. Aquino was appointed
by Vice Mayor Gica sometime in September 2013. Prior to Aquino's
appointment, Emmylou Cabonilas was designated by Mayor Garcia as the SB
Secretary. She was already designated even before Amadora and the other
accused became councilors. The witness could not recall whether Cabonilas
was designated after the retirement of former SB Secretary Victor Tan.
Cabonilas' designation was not questioned by Amadora. The witness is not
aware that the SB Secretary is supposed to be appointed by the Vice Mayor
under the Local Government Code.231
Further, the witness reiterated that Cabonilas attended the session on

December 26, 2013 and took down notes of the proceedings. She likewise
prepared the resolution on the 2014 annual budget. Amadora testified that the
appointment of Nerio Aquino was invalidated during that time. It did not
matter whether it was Cabonilas who prepared the subject resolution. He was
aware that the CSC Field Office decision was not yet final and that there was
a pending appeal.P?
In the preparation ofthe annual budget, the witness said that there must
be a budget proposal and a recommendation from the Committee on
Appropriations. Then, the SB Members will deliberate. He claimed that he
could not recall whether the document will be prepared and certified by the
SB Secretary. However, Amadora admitted that the annual budget should be
attested by the Vice Mayor, then subject to the approval or veto of the Mayor.
Once the signatures are complete, the annual budget will be forwarded to the
Provincial Board for review and approval. The witness could not recall
whether the said annual budget was returned unacted by the Provincial Board
due to some irregularities.P''
On re-direct examination, the witness testified that he became a

councilor on July 2013. As regards the 2014 appropriation ordinance of
Dumanjug, it was the same budget used in the year 2014. There was no other
appropriation ordinance passed aside from the said ordinance.'3! ~ I
230 TSN dated July J7,2019, pp. 5-7. \.

231 Id., pp. 7-9.
232 Id., pp. 12-14.
m Id., pp. 14-16.

234 Id., p. 17.
DECISION
People v. Nelson Gamaliel F. Garcia, et a\.
Page 42 of67
x-------------------------------------------------- x
When re-cross examined, Amadora reiterated that the disputed budget
ordinance was the one utilized for the implementation of the 2014 budget+"
5.) RICARDO A. BOQUECOSA ("Boquecosa")
In his Judicial Affidavit.i" Ricardo A. Boquecosa stated that he was

duly elected as a Sangguniang Bayan Member of Dumanjug on May 2013.
On December 26, 2013 at around 11:00 a.m., he attended the session of

the Sangguniang Bayan of Dumanjug, Cebu for the deliberation of the 2014
annual budget. The other members of the SB, Eliezer B. Amadora, Ricardo C.
Condes, Meriam P. Llafio and Antonio L. Garcia also attended the session.
During the said deliberation, a resolution was passed approving the 2014
annual budget of Dumanjug. Nerio Aquino acted and performed as the SB
Secretary.
The witness recounted that Emmylou Cabonilas was the Information

Office of the municipality and she was designated by Mayor Garcia and by
the previous council as the Acting SB Secretary. She attended the aforesaid
session to take down notes of the proceedings. Boquecosa asserted that
although Aquino acted and performed as the SB Secretary, the latter's
appointment was invalidated as shown in the letter"? dated November 5, 2013
from the Civil Service Commission addressed to Hon. Efren Guntrano Z. Gica
and signed by Nissi Cherith V. Asis. Even if Aquino's appointment was
invalidated during that time, no one prevented him from performing his
functions as the SB Secretary.
On cross-examination, Boquecosa confirmed that he belonged to the

political party called One Cebu Party. The other accused SB Members also
belonged to the same political party including Mayor Nelson Gamaliel Garcia.
Boquecosa and the rest of the accused were the majority of the members of
the Sangguniang Bayan. They were all present during the session held on
December 26, 2013 for the deliberation of the 2014 annual budget of the
municipality. He could not recall whether the minority objected during the
deliberation as there was no actual copy of the annual budget and there was
no recommendation from the Committee on Appropriation.I"
Boquecosa reiterated that Cabonilas took down notes during the

proceedings since she was the Assistant SB Secretary. He could not recall J
235
236
Id., p. 19.
Supra note 165, pp. 340-346.
I;/I
238 TSN dated September 10,2019, pp. 6-7.
DECISION
Page 43 of67
x-------------------------------------------------- x
whether Vice Mayor Gica prohibited Cabonilas from performing the duties of
the SB Secretary after Aquino's appointment on September 5, 2013. However,
it was confirmed by Boquecosa that there was a pending appeal on the
invalidation of Aquino' s appointment during the conduct of the said
session."?
In addition, the witness contended that nobody asked him to sign the
subject resolution since it was his duty as a councilor to sign any approved
board resolutions. He did not mind to look at the attestation portion which was
not signed by Vice Mayor Gica. He also presumed that Emmylou Cabonilas
could prepare the resolution being the Assistant SB Secretary at that time since
Aquino's appointment was invalidated. As regards the process of preparing
an appropriation ordinance, the witness maintained that he is not familiar with
it. Nevertheless, he acknowledged that there should be a budget proposal and
a committee report before the deliberation. After passing the appropriation
ordinance, Boquecosa agreed that the SB Secretary will prepare the document
to be submitted to the Provincial Board. In addition, the witness testified that
he is not familiar whether the SB Members' signatures are required in the
resolution.v'"
On September 10, 2019, the defense rested their case after the
presentation of their last witness. However, on September 24, 2019, accused
Nelson Garcia filed a Motion to Re-Open Proceedings and To Set Case for
Further Hearing with Motion to Defer and Extend the Date for Submission of
Accused's Formal Offer of Evidence.r"
On the part of the other accused, they filed their Accused Formal Offer
of Documentary Exhibits242 on October 3, 2019 and the Court resolved243 to
admit the following exhibits:
"3-Boquecosa, et al." Resolution No. 82-2010 passed by the SB OF

Dumanjug designating accused Emmylou Q. Cabonilas
as Asst. SB Secretary
"4-Boquecosa, et al." Office Memorandum No. 21 issued by accused Nelson

Gamaliel Garcia designating accused Emmylou Q.
(Exhibit "I" for the Cabonilas as Acting SB Secretary
prosecution)
"5-Boquecosa, et al." Secretary Certificate dated August 2, 2013
239 Id., pp. 7-10.

240 Id., pp. 10-12.
241 Supra note 165, pp. 355-359.
242 Id., pp. 361-386.
243 Id., pp. 402-403.
DECISION
Page 44 of67
x-------------------------------------------------- x
"6-Boquecosa, et al." Secretary Certificate dated August 12, 2013
"7-Boquecosa, et al." Resolution No. 1-2013 dated July 1,2013
"8-Boquecosa, et al." Resolution No. 2-2013 dated July 31,2013
"9- Boquecosa, et al." Resolution No. 6-2013 dated August 28,2013
"l O-Boquecosa, et al." Resolution No. 7-2013 dated September 4,2013
"l l-Boquecosa, et al." Resolution No. 8-2013 dated September 4,2013
"12-Boquecosa, et al." Resolution No. 9-2013 dated September 4,2013
"13-Boquecosa, et al." Appointment ofNerio T. Aquino as SB Secretary dated

September 5, 2013
(Exhibit "M" for the
prosecution)
"14-Boquecosa, et al." Appointment of accused Emmylou Q. Cabonilas dated
July 7, 2009
(Exhibit "F" and "F -1" for
the prosecution)
"16-Boquecosa, et al." Resolution No. 102-2013 dated June 25, 2013
(Exhibit "K" for the

prosecution)
The Court denied admission to Exhibit "15-Boquecosa, et al." as it is a

mere photocopy that was not authenticated or identified by a witness.P"
On October 9,2019, the prosecution filed its Comment and Opposition

(Re: Motion to Re-Open Proceedings and To Set Case for Further Hearing
with Motion to Defer and Extend the Date for Submission of Accused's
Formal Offer of Evidence). On October 25, 2019, the Court rcsolved+" to
grant the motion of accused Nelson Garcia and to issue a subpoena ad
testificandum and subpoena duces tecum to the records officers concerned, or
the duly authorized representative of the Records Office of the Municipality
of Dum anjug Cebu, and the Civil Service Commission - Regional Office No.
7. The hearing was set on November 20, 2019.246
During the hearing, the testimonies of the witnesses for accused Nelson
Garcia, Nerio Aquino, SB Secretary and Amelle L. Famor, HR Officer, both
of the Municipality of Dumanjug, Cebu, were dispensed with. The parti~l: J
"'Id.
245
246
Id., pp. 405-406.
Id., p. 407.
jI (I
DECISION
Page 45 of 67
x------------------------------------------------- x
stipulated that the documents to be identified by the said witnesses are faithful
reproductions of the original, consisting of Exhibits "3", "4", "6", "7", "9",
"10" , "11" , "12" , "13" , "14" " "15" and" 16" 'J subiect to the prosecution's
counter stipulation that Exhibits "4" to "13" were prepared and issued before
the appointment of Nerio Aquino. The parties further stipulated on the
authenticity of Exhibits "47", "18", "19" and "58", subject to the condition
that Atty. Yabut will attach to the Formal Offer of Exhibits, a certified true
copy of Exhibit "58".247
Accused Nelson Garcia filed his Formal Offer of Exhibits248 on

November 26, 2019 and the Court resolved"? to admit all the exhibits of the
accused over the objections of the prosecution, viz:
"1-N" to "1-M-N. Garcia" Counter-Affidavit of Nelson Gamaliel F. Garcia
"2-N. Garcia" to "2-Z-N. Motion for Reconsideration dated August 15, 2016,
Garcia" consisting of 13 pages and the Motion for
ReconsiderationlReinvestigation dated August 18,
2016, consisting of 14 pages
"2-AA-N. Garcia" Signature of Nelson Gamaliel F. Garcia on the Motion

for Reconsideration dated August 15,2016
"2-BB- N. Garcia" Signature of Nelson Gamaliel F. Garcia on the Motion

for ReconsiderationlReinvestigation dated August 18,
2016
"21-N. Garcia" to "21-B- Counter-Affidavit of Emmylou Q. Cabonilas dated

N. Garcia" March 5,2014 consisting of3 pages
"3-N. Garcia" Certificate of Appointment of Emmylou Quilaton

Cabonilas
"4-N. Garcia" Resolution No. 82-2010
"4-A-N. Garcia" Signature of Victor R. Tan
"4-B-N. Garcia" Signature of Christopher R. Baricuatro
"4-C-N. Garcia" Signature of Hon. Nelson Gamaliel F. Garcia
"5-N. Garcia" Office Memorandum No. 21 dated June 25, 2013
'" TSN dated November 20, 2019, pp. 3-13. AIso see: Order dated November 20, 2019, RecOrdS/;
Vol. 3, p. 453.
248 Supra note 165, pp. 470-568.
249 Records, Vol. 4, pp. 22-25.

I
DECISION
Page 46 of67
x--------------------------------------------------x
"5-A-N. Garcia" Signature of Nelson Gamaliel F. Garcia
"47-N. Garcia" CSC Memorandum Circular No. 06, s. 2005 dated

February 5, 2005
"47-A-N. Garcia" Portion to whom the memorandum circular IS

addressed to
"47-B-N. Garcia" Paragraph E of the same memorandum circular
"47-C-N. Garcia" Second page of the same memorandum circular
"6-A-N. Garcia" Signature of Emmylou Q. Cabonilas, LLB.
"6-B-N. Garcia" Signature of Hon. Efren Guntrano Z. Gica
"IO-N. Garcia" Resolution No. 8-2013

I
"10-A-N. Garcia" I Signature of Emmylou Q. Cabonilas, LLB.
"IO-B-N. Garcia" Signature of Hon. Efren Guntrano Z. Gica

DECISION
Page 47 of67
x--------------------------------------------------x
"lO-C-N. Garcia" Signature of Hon. Nelson Gamaliel F. Garcia
"I I-N. Garcia" Resolution No. 9-2013
"12-N. Garcia" Secretary's Certificate dated August 2,2013
" 12-C-N. Garcia" Signature of Hon. Nelson Gamaliel F. Garcia
"13-N. Garcia" Secretary's Certificate dated August 12,2013
"18-N. Garcia" to "18-C- Letter dated September 16,2013, consisting of 4 pages

N. Garcia"
"14-N. Garcia" to "14-B- SB Journal dated October 16, 2013, consisting of 3

N. Garcia" pages
"19-N. Garcia" to "19-A- Letter dated November 5,2013, consisting of2 pages
N. Garcia"
"IS-N. Garcia" to "15-B- SB Journal dated January 15, 2014, consisting of 3

N. Garcia" pages
"15-C-N. Garcia" to "15-1- Signatures of Emmylou Q. Cabonilas, Hon. Ricardo C.

N. Garcia" Condes, Hon. Ricardo A. Boquecosa, Hon. Evelinda
T. Quirante, Hon. Eliezar B. Amadora, Hon. Meriam
P. Llano and Hon. Antonio L. Garcia, respectively
"16-N. Garcia" SB Journal dated January 22,2014
"16-C-N. Garcia" to "16-1- Signatures of Emmylou Q. Cabonilas, Hon. Ricardo C.

N. Garcia" I Condes, Hon. Ricardo A. Boquecosa, Hon. Evelinda
I T. Quirante, Hon. Eliezar B. Amadora, Hon. Meriam
I P. Llano and Hon. Antonio L. Garcia, respectively
DECISION
Page 48 of67
x------------------------------------------------- x
"56-N. Garcia" to "56-L-N. Comment dated March 6,2014, consisting of 13 pages

Garcia"
"58- N. Garcia" to "58-B- Letter to Atty. Karin Litz P. Zerna, Director IV, CSC
N. Garcia" RO-7, dated January lO, 2014, consisting of 3 pages
Subsequently, the prosecution filed its Memorandumr" on February 5,

2020, while accused Nelson Garcia filed his Memorandumi" on February 21,
2020. As regards the other accused, they filed their Memorandum'= on March
4,2020.
ISSUE
This Court is called upon to determine whether the accused are guilty
of usurpation of official functions under Article 177 of the Revised Penal
Code as charged in the Information.
THE COURT'S RULING
The crime of usurpation of official functions is defined under Article

177 of the Revised Penal Code:
"Article 177. Usurpation of authority or official functions. -

Any person who shall knowingly and falsely represent himself to be an
officer, agent or representative of any department or agency of the
Philippine Government or of any foreign government, or who, under
pretense of official position, shall perform any act pertaining to any
person in authority or public officer of the Philippine Government or any
foreign government, or any agency thereof, without being lawfully
entitled to do so, shall suffer the penalty of prision correccional in its
minimum and medium periods."
As the aforementioned provision is formulated, there are two ways of

committing this crime: first, by knowingly and falsely representing himself to
be an officer, agent or representative of any department or agency of the
Philippine Government or of any foreign government; or second, under
pretense of official position, shall perform any act pertaining to any person in
authority or public officer of the Philippine Government or any foreign
government, or any agency thereof, without being lawfully entitled to !
250
251
252
Id., pp. 35-61.
Id., pp. 85-110.
Id., pp. 114-121.
11
DECISION
Page 49 of67
x--------------------------------------------------x
SO.253 The former constitutes the crime of usurpation of authority, while the
latter act constitutes the crime of usurpation of official functions.F" Here,
accused Garcia, et al. stand charged with the crime of usurpation of official
functions, the elements of which are:255
1. The offender may be a private person or public officer;
2. The offender performs any act pertaining to any person in

authority or public officer of the Philippine government,
any of its agencies, or of a foreign government;
3. The offender performs the act under pretense of official

function; and
4. The offender performs the act without being legally

entitled to do so.
The first element. There is no dispute that all the accused are public
officers at the time material in the present case. As borne by the records, the
accused occupied the following positions in 2013 :256
a. Nelson Gamaliel F. Garcia - Municipal Mayor of Dumanjug;
b. Ricardo A. Boquecosa, Ricardo C. Condes, Eliezar B.

Amadora, Meriam P. Llafio and Antonio L. Garcia-
Sangguniang Bayan Members of Dumanjug; and
c. Emmylou Q. Cabonilas - Municipal Information Officer.
The second element. As stated in the Amended Information, the

assailed acts in this case are the signing and certifying the correctness of the
Sangguniang Bayan Resolution approving the appropriation ordinance on the
annual budget of the Municipality of Dumanjug for Fiscal Year 2014. These
acts pertain to the position of the Secretary of the Sangguniang Bayan. To be
sure, hereunder are the duties and responsibilities of the Sangguniang Bayan
Sccrctary.P?
a. To assist the Sangguniang Bayan and to keep ajou21 of

its proceedings carrying its multifarious functions;
253 Ruzol v. The Hon. Sandiganbayan and the People of the Philippines, G.R. os. 186739-960, )
April 17,2013 citing L.B. Reyes, The Revised Penal Code, Book Two, pp. 241-242 (2006). ;V
254. Id., citing Gigantoni v. People, No. L-74727, June 16, 1988,162 SCRA 158,162-163. (
255 Tiongco v. People, G.R. Nos. 218709-10, November 14,2018.
256 See: Pre-trial Order dated June 29, 2017. Records, Vol. 2, pp. 36-54.
257 Exhibits "F-26" to "F-27".

DECISION
Page 50 of67
x--------------------------------------------------x
b. To keep the seal of the municipality and affix the same

with his/her signature to all the ordinances and other
official acts;
c. To forward to the municipal Mayor for approval, the

copies of ordinances enacted by the Sangguniang Bayan
and duly certified by the presiding officer; and
d. To transmit to the Sangguniang Panlalawigan the copies

of the duly approved ordinances.
As culled from the testimonies and pieces of evidence submitted by the

parties, Cabonilas prepared the assailed Resolution No. 18-2013258 approving
the annual budget of the Municipality of Dumanjug for the year 2014. The
said resolution was signed and certified by the rest of the accused.
We shall now discuss the presence of the third and fourth elements.
The third and fourth elements. The crime of usurpation of official

functions is mala in se which means mal ice or dolo must be established to
prove the culpability of the accused. In Dungo, et al. v. People.P? the Supreme
Court discussed the import of crimes mala in se, to wit:
"Criminal law has long divided crimes into acts wrong in

themselves called acts mala in se; and acts which would ot be wrong but
for the fact that positive law forbids them, called acts mala prohibita.
This distinction is important with reference to the intent with which a
wrongful act is done. The rule on the subject is that in acts mala in se,
the intent governs; but in acts mala prohibita, the only inquiry is, has the
law been violated? When an act is illegal, the intent of the offender is
immaterial.i'" When the doing of an act is prohibited by law, it is
considered injurious to public welfare, and the doing of the prohibited
act is the crime itself."!
xxx xxx
The better approach to distinguish between mala in se and mala

prohibita crimes is the determination of the inherent immorality or
vileness ofthe penalized act. If the punishable act or omission is immoral
in itself, then it is a crime mala in se; on the contrary, if it is not immoral
in itself, but there is a statute prohibiting its commission by reasons of
public policy, then it is mala prohibita. In the final analysis, whether 0fr
not a crime involves moral turpitude is ultimately a question of fact and
158
259
G.R. No. 209464, July 1,2015.
r <"'
260 Id., citing Tan v. Ballena, 579 Phi\' 503, 527-528 (2008). C"'
261 Id., citing Luis B. Reyes, The Revised Penal Code: Criminal Law - Book One (17th ed. 2008).
DECISION
Page 51 of67
x-------------------------------------------------- x
frequently depends on all the circumstances surrounding the violation of

the statute.P?"
Being a crime mala in se, the intent of the accused must be established,
and good faith is therefore a valid defense. As enunciated in jurisprudcnccr=
"It bears stressing at this point that in People v. Hilvano=" this

Court enunciated that good faith is a defense in criminal prosecutions
for usurpation of official functions.i'f The term "good faith" is
ordinarily used to describe that state of mind denoting "honesty of
intention, and freedom from knowledge of circumstances which
ought to put the holder upon inquiry; an honest intention to abstain
from taking any unconscientious advantage of another, even though
technicalities of law, together with absence of all information, notice,
or benefit or belief of facts which render transaction
unconscientious.t'=" Good faith is actually a question of intention and
although something internal, it can be ascertained by relying not on one's
self-serving protestations of good faith but on evidence of his conduct
and outward acts."?" (Emphasis supplied.)
We shall first discuss the appointment of Nerio Aquino as the SB

Secretary vis-a-vis the designation of Emmylou Cabonilas as the
Assistant! Acting SB Secretary.
To begin, the power to appoint the Sangguniang Bayan Secretary is

vested in the Vice Mayor. Section 445 of the Local Government Code of 1991
(LGCf68 states that the Vice Mayor shall subject to civil service law, rules
and regulations, appoint all officials and employees of the sangguniang bayan,
except those whose manner of appointment is specifically provided in thy
262 Id., citing Teves v. COMELEC, 604 Phil. 717, 729 (2009), citing Dela Torre v. COMELEC,
327 Phil. 1144, 1150-1151 (1996).

263 Ruzol v. The Hon. Sandiganbayan, et aI., supra note 253.
264 Id., citing 99 Phil. 655, 657 (1956).
265 The Supreme Court discussed:
"In Hilvano, the accused was initially prosecuted for and convicted of
"usurpation of public authority" as defined in RA 10. However, it was later found out that
RA 10 was no longer applicable and that the applicable law is Art. 177 of the RPC, as
amended by RA 379. Apparently, the crime of "usurpation of public authority" as
designated in RA 10 was redefined and is presently what we refer to as "usurpation of
official functions" defined and penalized under the second portion of Art. 177 of the RPC.
In effect, Hilvano was convicted not of usurpation of authority but of usurpation of official •/
functions." IV
266 Id., citing Civil Service Commission v. Maala, G.R. No. 165253, August 18,2005,467
390,399.
SCRA cl
267 Id. citing Gabriel v. Mabanta, G.R. No. 142403, March 26, 2003, 399 SCRA 573.
268 Republic Act No. 7160.
DECISION
Criminal Case No. SB-16-CRM-\ 079
Page 52 of67
x------------------------------------------------- x
Code. This provision is reiterated in Article 91(b) of the Implementing Rules

and Regulations (IRR) of the LGC.269
In the present case, Emmylou Cabonilas was not appointed by the Vice
Mayor. On August 25,2010, she was designated as the Assistant SB Secretary
by virtue of Resolution No. 82-20] 0.270Office Memorandum No. 21271was
thereafter issued by Mayor Nelson Garcia designating Cabonilas as the
Acting SB Secretary effective June 26, 2013 up to the time when an appointed
SB Secretary shall assume the office. Subsequently, Efren Guntrano Gica was
elected Vice Mayor of Dumanjug on June 30, 2013. On September 5, 20l3,
Nerio Aquino was appointed by Vice Mayor Gica.272 Therefore, it was
imperative for herein accused to recognize Nerio Aquino as the duly
appointed SB Secretary. In a similar case,273the High Court discussed the
nature of an "acting" appointment, viz:
"An 'acting' appointment is merely temporary, one which is

good only until another appointment is made to take its place
(Austria vs. Amante, 79 Phil. 784). Hence, petitioner's right to hold
office as "Acting City Engineer of Cabanatuan City" was merely
temporary. It lapsed upon the appointment of Nerito Santos as
the permanent city engineer of Cabanatuan City on August 18,1986.
Petitioner was the incumbent city engineer of Palayan City when

he was designated as Acting City Engineer of Cabanatuan City. There is
a difference between an appointment and a designation. Appointment is
the selection by the proper authority of an individual who is to
exercise the functions of an office. Designation, on the other hand,
connotes merely the imposition of additional duties, upon a person
already in the public service by virtue of an earlier appointment or
election (Santiago vs. Commission on Audit, 199 SCRA 125; Political
Law Review by Gonzales, pp. 184-185). A mere "designation" does not
confer upon the designee security of tenure in the position or office
which he occupies in an 'acting' capacity only. Thus did this Court make
such a distinction:
269 Administrative Order No. 270
Article 91 provides:
ARTICLE 91. Powers, Duties, and Functions of the Municipal Vice Mayor. - The
municipal vice mayor shall:
(a) Appoint all officials and employees of the sangguniang bayan, except those
whose manner of appointment is specifically provided under these Rules,
subject to civil service law, rules and regulations;

271 Exhibit "I" Exhibit "I" (also Exhibit "4-Boquecosa, et al." and Exhibit "5-N. Garcia").
272 Exhibits "F-21" and "F-24".
m Sevilla v. The Hon. Court of Appeals, et al., G.R. No. 88498, June 09, \992.
DECISION
Page 53 of67
x--------------------------------------------------x
"Appointment may be defined as the selection, by

the authority vested with the power, of an individual who
is to exercise the functions of a given office. When
completed, usually with its confirmation, the appointment
results in security of tenure for the person chosen unless
he is replaceable at pleasure because of the nature of his
office. Designation on the other hand connotes the
imposition by law of additional duties on an incumbent
official x x x. It is said that appointment is essentially
executive while designation is legislative in nature.
"Designation may also be loosely defined as an

appointment because it likewise involves the naming of a
particular person to a specified public office. That is the
common understanding of the term. However, where the
person is merely designated and not appointed, the
implication is that he shall hold the office only in a
temporary capacity and may be replaced at will by the
appointing authority. In this sense, the designation is
considered only an acting or temporary appointment,
which does not confer security of tenure on the person
named.
"Even if so understood, that is, as an appointment,

the designation of the petitioner cannot sustain his claim
that he has been illegally removed. x x x. Appointment
involves the exercise of discretion, which because of its
nature cannot be delegated." (Binamira vs. Garrucho, 188
seRA 158.)" (Emphasis supplied.)
To justify her authority, Cabonilas and Mayor Garcia postulated that

she was legally and rightfully designated as the Assistant SB Secretary of
Dumanjug by virtue of Resolution No. 82-2010274 and Office Memorandum
No. 21275.
Evidently, their theory does not sit well with the above jurisprudence.
The designation of Cabonilas was automatically revoked upon the

appointment ofNerio Aquino. The insistence of Cabonilas and Mayor Garcia
that Resolution No. 82-2010276 and Office Memorandum No. 21277 remained
effective since there was no resolution revoking the same deserves scant
consideration. The designation of Cabonilas is clear as day; she
designated as the Acting SB Secretary which is temporary in nature.

275 Exhibit "I" (also Exhibit "4-Boquecosa, et al." and Exhibit "5-N. Garcia").
277 Exhibit "I" (also Exhibit "4-Boquecosa, et al." and Exhibit "5-N. Garcia").
DECISION
People v. Nelson Gamaliel F. Garcia, et a\.
Page 54 of67
x--------------------------------------------------x
revocable anytime. To reiterate, Office Memorandum No. 21278 plainly stated

that her designation as the Acting SB Secretary is effective June 26, 2013 up
to the time when an appointed SB Secretary shall assume the office. Thus,
when Nerio Aquino assumed the position on September 5, 2013, Cabonilas
should no longer perform the functions of the SB Secretary.
Still, Cabonilas argued that even before the conduct of the special
session on December 26, 2013, she was already performing the functions of
the Acting SB Secretary as shown in some of the resolutions+" of the SB of
Dumanjug, Cebu.
The contention is unavailing.
As indicated in the resolutions.i'" these are all prepared prior to the

permanent appointment of Nerio Aquino on September 5, 2013. Since there
was no SB Secretary appointed yet prior to the said date, it necessarily follows
that Cabonilas is still authorized to perform the duties of an Acting SB
Secretary. Again, her authority was automatically revoked upon the
assumption of Aquino as the SB Secretary. The essence of an acting
appointment is its temporary nature.P" It is a stop gap measure intended to fill
an office for a limited time until a permanent appointment is extended or a
new appointee is chosen.P?
Likewise, Mayor Garcia unrelentingly maintained that he has the

authority to fill a vacant career position pursuant to Section 80 of the LGC.
He invoked good faith as a defense.
Unfortunately, it is but a futile attempt.
Section 80 of the LGC reads:
"Section 80. Public Notice of Vacancy; Personnel Selection

Board. -
(a) Whenever a local executive decides to fill a vacant career

position, there shall be posted notices of the vacancy in at least
three (3) conspicuous public places in the local government unit
concerned for a period of not less than fifteen (15) day?
278 Exhibit "I" (also Exhibit "4-Boquecosa, et a\''' and Exhibit "5-N. Garcia").
279 Exhibits "5-Boquecosa, et a\''' to "12-Boquecosa, et al.".
280 Id.
281 Dr. Marohombsar v. Alonto, Jr., et a\., G.R. No. 93711, February 25, 1991.
282 Id.
DECISION
Page 55 of67
x--------------------------------------------------x
xxx xxx
Section 80 of the LGC should be read in conjunction with Section 445

of the LGC. The discretion to fill a vacant career position belongs to the local
chief executive but the appointing power remains with the Vice Mayor. The
LGC clearly delineated the functions and powers belonging to each local
official to ensure effective operation of the local government units. The local
chief executives are not in any way given unbridled discretion whether to fill
a position or not, as this will result into the prejudice of their constituents. As
held in Atienza v. Villarosa.P?
"To resolve the substantive issues presented in the instant case, it

is well to recall that Rep. Act No. 7160 was enacted to give flesh to the
constitutional mandate to 'provide for a more responsive and
accountable local government structure instituted through a system of
decentralization with effective mechanism of recall, initiative and
referendum, allocate among the different local government units their
powers, responsibilities, and resources, and provide for the
qualifications, election, appointment and removal, term, salaries, powers
and functions and duties of local officials, and all matters relating to the
organization and operation ofthe local units. ,284
At any rate, Mayor Garcia cannot find refuge in Section 80 of the LGC
since there is nothing on record which would indicate his intention to fill-up
the position of SB Secretary. Obviously, he wanted to retain the designation
of Cabonilas. He did not even declare the position vacant despite the
retirement of former SB Secretary Victor Tan.
Also, Mayor Garcia and Cabonilas cannot feign ignorance of Aquino' s

appointment as the new SB Secretary. In his Judicial Affidavit, the accused
Mayor stated:285
Question 61 Do you know Mr. Nerio T. Aquino, who is one of

the complainants in this case?
Answer Yes, sir.
Question 62 Why do you know Mr. Nerio Aquino?
Answer Mr. Nerio Aquino was a former Barangay

Chairman in our municipality and that Vice Mayor
Efren Gica appointed him as SB Secretary on
September5, 2013/
283 G.R. No. 161081, May 10,2005.

284 Id., citing Section 3, Article X (Local Government) ofthe 1987 Constitution.
285 Supra note 165, p. 97.
DECISION
Criminal Case No. SB-J6-CRM-I079
Page 56 of67
x--------------------------------------------------x
Similarly, Cabonilas made the following admissions.F"
Q12 Ok let's go back to the session of the members of the

Sangguniang Bayan of Dumanjug, Cebu held on
December 26, 2013, could you please tell us who was the
one who acted as SB Secretary at that time?
A12 It was Nerio T. Aquino sir because he was appointed by

Vice Mayor Gica I think sometime on September 5,2013.
Q 13 Then why you (sic) attended the session on December 26,

2013 when there was already an appointed SB Secretary
in the person of Nerio T. Aquino?
A 13 I attended the session sir because the appointment ofN erio

T. Aquino was invalidated by the Civil Service
Commission during that time. I was afraid that if! will not
perform my function as Acting SB Secretary I could be
charged of dereliction of duty so I attended the session and
take (sic) down notes of the proceedings but it was Nerio
T. Aquino who acted and performed the function of SB
Secretary even if his appointment was already invalidated
at that time.
In her cross-examination, Cabonilas also declared in open court that she

knows that Nerio Aquino was the duly appointed SB Secretary, hencer"?
Q So you confirm that pursuant to that Office Memorandum

Order issued by Mayor Garcia, you immediately assumed
the function of SB Secretary, correct?
A Yes, ma'am.
xxx xxx
Q And then Mr. Nerio Aquino was appointed by Vice Mayor

Gica on September 5, 2013?
A Yes, ma'am.
Q You also applied to the same position but you were not
chosen by the Vice Mayor, correct?
A Yes, ma'am.
Q So after Nerio Aquino was appointed on September 5,

2013, you stopped performing the functions of SB
_________ correct?1
s_ec_r_e_tary,
286 Id., p. 228.

287 Supra note 203, pp. 22-23.
DECISION
Criminal Case No. S8-16-CRM-1079
Page 57 of 67
x------------------------------------------------- x
A Yes, ma'am.
Q After Nerio Aquino's appointment, the Vice Mayor did

not allow you to perform the functions of SB Secretary,
correct?
A Yes, ma'am.
Despite Aquino's appointment on September 5, 2013, Cabonilas

arrogated unto herself the functions which properly belong to the former.
There is no merit, either, to the equally untenable proposition advanced by
Cabonilas that she attended the special session because the appointment of
Nerio Aquino was invalidated by the CSC during that time. Even Mayor
Garcia and all the accused SB Members acknowledged that the decision of
the CSC South Cebu Field Office was not yet final since Vice Mayor Gica
appealed the same to the CSC Regional Office. Herein accused cannot simply
brush aside the appointment of Aquino as the SB Secretary. The case of The
Provincial Government of Aurora v. Marco is instructive.F"
"Under Rule IV, Section 1 of Civil Service Commission

Memorandum Circular No. 40-98, an appointment takes effect
immediately upon issuance by the appointing authority.
xxx xxx
Should the appointment be initially disapproved, it

nevertheless remains effective if a motion for reconsideration or an
appeal of the disapproval is seasonably filed with the proper
office.P?" (Emphasis supplied.)
With the foregoing, Mayor Garcia and Cabonilas had knowledge of the
circumstances which ought to put them on inquiry. They should have
recognized Aguino's appointment subject to the decision of the CSC Regionay
Office. The CSC South Cebu Field Office decision is still pending appeal
288 G.R. No. 202331, April 22, 2015.

289 Id., citing CSC Memorandum Circular No. 40-98, Rule VI, Sec. 3 which provides:
"SECTION 3.
If the appointment was disapproved on grounds which do not constitute a violation of

civil service law, such as failure of the appointee to rr-eet the Qualification Standards
CQS) prescribed for the position, the same is considered effective until disapproved by the
Commission or any of its regional or field offices. The appointee is meanwhile entitled to
payment of salaries from the government.
If a motion for reconsideration or an appeal from the disapproval is seasonably filed with
the proper office, the appointment is still considered to be effective. The disapproval
becomes final only after the same is affirmed by the Commission."
DECISION
Criminal Case No. SB-\6-CRM-\ 079
Page 58 of67
x--------------------------------------------------x
during the conduct of the special session on December 26, 2013. Moreover,
incompatible with their claim of innocence is the admission of Mayor Garcia
that Cabonilas continued to discharge the functions of the SB Secretary after
the CSC Cebu South Field Office invalidated Aquino's appointment. Thus:290
Question 80 : Is there any other instance when Miss Emmylou

Cabonilas signed her name as Acting SB
Secretary-Designate in official documents of the
Sangguniang Bayan after the CSC-Cebu South
Field Office invalidated the appointment of Mr.
Nerio Aquino as SB Secretary?
Answer Yes, sir. She signed the SB Journal?" for the

regular session on January 22, 2014.
xxx xxx
Question 85 If you know, what, if any, did Vice Mayor Efren

Gica do concerning the CSC-Cebu South Field
Office's decision to invalidate the appointment of
Nerio Aquino as SB Secretary?
Answer What I knew, sir, is that Vice Mayor Efren Gica

filed an appeal with the CSC Regional Office, sir.
xxx xxx
Question 88 When did the CSC Regional Office render its

decision on the subject appeal filed by Vice Mayor
Efren Gica?
Answer The decision was dated June 26, 2014.
Question 89 What happened next, if any, after the CSC

Regional Office 7 rendered such decision?
Answer Vice Mayor Gica appealed to the CSC Main

Office, sir.
Question 90 How did the CSC decide on such appeal?
Answer It reversed, sir, the earlier decisions of the CSC

Cebu South Field Office and the CSC Region 7
Director.
Question 91 When did the CSC render its decision?

O
___ A_n_sw_er It was dated November 11, 2014, Sir./
290 Supra note 165, pp. \01-102.

DECISION
Page 59 of67
x--------------------------------------------------x
Otherwise stated, the doctrine of immutability of final judgments

applies to decisions rendered by the Civil Service Commissicn.i'? The CSC
Field Office invalidating the appointment of Aquino is not immediately
executory. The parties thereto are given fifteen (15) days within which to
appeal the decision, and it is only after the lapse of the said period that the
decision will become final and executory. As aptly ruled by the Supreme
Court:293
"A decision of the Civil Service Commission becomes final and

executory if no motion for reconsideration is filed within the IS-day
reglementary period under Rule VI, Section 80 of the Uniform Rules on
Administrative Cases in the Civil Service:
Section 80. Execution of Decision. - The decisions of the

Commission Proper or its Regional Offices shall be
immediately executory after fifteen (15) days from receipt
thereof, unless a motion for reconsideration is seasonably
filed, in which case the execution of the decision shall be
held in abeyance."
As this Court sees it, Mayor Garcia adamantly refused to recognize the
appointment made by Vice Mayor Gica. The records disclose that the
Sangguniang Panlalawigan of Cebu already found him guilty of grave
misconduct, grave abuse of authority and/or oppression, and was suspended
for six (6) months. The following are the findings of the Committee on
Complaints and Investigatiorr'" which was adopted+" by the Sangguniang
Panlalawigan of Cebu:
"RESOLUTION NO. 589-2015
xxx xxx
Calendared in today's session was (sic) the report on Hon.

Arleigh Jay C. Sitoy, Chairman, Committee on Complaints and
Investigation as presented by Member, Hon. Grecilda P. Sanchez as
Vice-Chairman:
xxx xxx
COMMITTEE REPORT
I ~
xxx xxx
The Case
292TheProvincial Government of Aurora v. Hilario M. Marco, supra note 288.;

293 Id.
294 Exhibits "H-II" to "H-20".

295 Exhibits "H-21" to "23",
DECISION
Page 60 of67
x--------------------------------------------------x
The instant case was filed on September 16, 2013 by Vice Mayor
Efren Guntrano Gica against Mayor Nelson Gamaliel F. Garcia. Vice
Mayor Gica charged Mayor Garcia with the offenses of Grave
Misconduct, Grave Abuse of Authority and/or Oppression pursuant to
Chapter 4, Title II, of the Local Government Code the Philippines.
xxx xxx
Established Facts
From the investigation conducted by the Committee, the

following facts were established as shown by clear, convincing and
substantial evidence, or as admitted by the parties:
1.) Mayor Garcia designated Emmylou Cabonilas as

SB Secretary on June 25, 2013;
2.) Mayor Garcia designated Emmylou Cabonilas as
SB Secretary on September 8,2014;
3.) Mayor Garcia designated Arnelle L. Famor as SB
Secretary on September 30, 2014;
4.) Mayor Garcia is aware that under Section 445(b)
of the Local Government Code of the Philippines, as
amended, it is the Vice Mayor who is vested with the
authority to appoint an SB Secretary.
Findings
xxx xxx
Given that it is the respondent Mayor who is given the authority

to declare the position of the SB Secretary as vacant, thus paving the way
for other proceedings, which would lead to the appointment of an SB
Secretary, the respondent Mayor's failure or refusal to declare the
position of SB Secretary as vacant, had effectively hindered the
exercise of the complainant's power to appoint an SB Secretary, as
provided by law.
The respondent Mayor had not offered any justifiable excuse

for his failure or refusal to declare the SB Secretary as vacant even
up to the present time, ad despite the controversies surrounding it.
This Committee could not reach any other conclusion, except that
the respondent Mayor had deliberately failed or refused to declare
the position ofSB Secretary vacant and thereby have gravely abused
his authority, so as to effectively prevent the Vice Mayor from
exercising his power to appoint as provided by law.
This Committee is of the opinion, as supported by admitted and

established facts, that the acts of the respondent Mayor clearly constitute
and undue interference on the functions of the complainant Vice Mayor
and consequently an undue interference on the legislative branch Of/the
Municipality of Dum anjug, Cebu, which is the Sangguniang Bayan. ( ~
DECISION
Page 61 of67
x--------------------------------------------------x
The Committee will not close its eyes and tolerate the acts of the
respondent Mayor, lest it become a bad precedent, a tool for crippling
the branches of government, and an example which is definitely not
worth emulating." (Emphasis supplied.)
Immediately apparent is that Mayor Garcia wanted to prevent the Vice

Mayor from exercising the latter's appointing authority as shown above. The
political rival of Mayor Garcia and Vice Mayor is easily discernible in this
case. This is further revealed in the testimony of Cabonilas. During her cross-
examination.F" Cabonilas declared that she did not obtain the signature of
Vice Mayor Gica although she knew that the latter had to sign Resolution No.
18-2013297 as their relationship turned hostile.
Moreover, Cabonilas reasoned that she was compelled to prepare

Resolution No. 18-2013298 as Nerio Aquino refused to prepare and submit the
same to the provincial budget office. She argued that she could also validly
function as the Acting SB Secretary whenever the appointed SB Secretary
refused to perform his duties.
The argument is unworthy of merit.
Not even an iota of evidence was presented to prove the alleged refusal
of Aquino. At most, it is nothing but a self-serving assertion undeserving of
any credence. As Administrative Officer IV (Information Officer 11), her
primary responsibilities and duties are to collect data and information needed
for the delivery of basic services, to assist the chief executive in the matters
relative to public information, and to prepare report on matters of public
concerns/interest for the general public.i"? The duties of an Administrative
Officer IV has nothing to do with the signing and certifying resolutions of the
municipality. On cross-examination, the witness testified.'?"
Prosec. Laguting:
Q : Madam Witness, you were appointed as Administrative

Officer IV or Information Officer 11of the Municipality of
Dumanjug on July 7, 2009 is that correct?
A Yes, ma'am.
_______
296
Q
2_0_1_6_,

i_s_th_at
correct? I
And you held such position until your resignation on June 20,
297 Exhibits "8-7" to "8-8".

298 Id. )
~:: SExhibits"F -3 t"o "F-4". ~ ,J.
. oupra note 2 3,
0 pp. 15-16. rr'
DECISION
Page 62 of67
x--------------------------------------------------x
A June 25, 2016, ma'am.
Q Your responsibility as Administrative Officer IV is to collect

data and information needed for the delivery of basic services
for the municipality, is that correct?
A Yes, ma'am.
Q And you are also tasked to assist the Municipal Mayor in

matters of public concern, correct?
A Yes, ma'am.
Q In performing your functions as Administrative Officer IV,

you generally received instructions from Mayor Garcia, the
Executive Head, correct?
A Yes, ma'am.
Q And all of these duties as Administrative Officer IV pertains

to the executive department and has nothing to do with the
legislative or Sangguniang Bayan, correct?
A Yes, ma'am.
The respective admissions of Mayor Garcia and Cabonilas, taken

together with the evidence presented, are all indicia of bad faith. An
admission, oral or written, made by the party in the course of the proceedings
in the same case, does not require proof.l"' The admission may be contradicted
only by showing that it was made through palpable mistake or that the imputed
admission was not, in fact, made.l'"
As it stands, Mayor Garcia and Cabonilas conspired to usurp the

functions of the SB Secretary. Case law defines conspiracy, thus:303
"Conspiracy exists when two or more persons come to an

agreement concerning the commission of a felony and decide to commit
it. Conspiracy does not need to be proven by direct evidence and may
be inferred from the conduct -- before, during, and after the
commission of the crime -- indicative of a joint purpose, concerted
action and concurrence of sentiments. In conspiracy, the act of one is
the act of all. Conspiracy is present when one concurs with the
criminal design of another, as shown by an overt act leading to the
crime committed. It ma be deduced from the mode and m nner of
the commission of the crime.P?" (Emphasis supplied.)
301 Section 4, Rule 129, Rules of Court as amended by A.M. No. 19-08-15-S
302 Id.
303 People v. Pantaleon, Jr., et al., G.R. Nos. 158694-96, March 13,2009.
304 ld., citing People v. Pajaro, G.R. Nos. 167860-65, June 17,2008.
DECISION
Page 63 of67
x--------------------------------------------------x
With regard to accused Ricardo A. Boquecosa, Ricardo C. Condes,

Eliezar B. Amadora, Meriam P. Llafio and Antonio L. Garcia, the Court finds
that there is no sufficient evidence that would warrant their conviction. Their
mere attendance during the deliberation of the 2014 annual budget and
affixing their signatures in Resolution No. 18-2013305 are not enough to
overthrow the presumption of their innocence. Although they are aware that
Cabonilas prepared Resolution No. 18-2013306, this alone does not prove their
participation in the acts committed by the former and Mayor Garcia. A
conspiracy is proved by evidence of actual cooperation; of acts indicative of
an agreement, a common purpose or design, a concerted action or concurrence
of sentiments to commit the felony and actually pursue it.307 Apropos is the
ruling in the case of Macapagal-Arroyo v. Peoplc.l'" hence:
"xxx An implied conspiracy exists when two or more persons are

shown to have aimed by their acts towards the accomplishment of the
same unlawful object, each doing a part so that their combined acts,
though apparently independent, were in fact connected and cooperative,
indicating closeness of personal association and a concurrence of
sentiment.F" Implied conspiracy is proved through the mode and
manner of the commission of the offense, or from the acts of the
accused before, during and after the commission of the crime
indubitably pointing to a joint purpose, a concert of action and a
community of interest.l'?
But to be considered a part of the conspiracy, each of the

accused must be shown to have performed at least an overt act in
pursuance or in furtherance of the conspiracy, for without being
shown to do so none of them will be liable as a eo-conspirator, and each
may only be held responsible for the results of his own acts. In this
connection, the character of the overt act has been explained in People
v. Lizada.i"
'An overt or external act is defined as some

physical activity or deed, indicating the intention to
commit a particular crime, more than a mere planning or
preparation, which if carried out to its complete
termination following its natural course, without being
frustrated by external obstacles nor by the spontaneous
=:
desistance of the perpetrator, will logically and
necessarily ripen into a concrete offense. The raison
d'etre for the law requiring a direct overt act is that, in a
majority of cases, the conduct of the accused
--E--xh--i--b--i
--30--5 ts--'--'
8-----7--"
--to--'--'
8-----8--"
.-- /; •)
306 Id. r .,..i
307 Estrada v. Sandiganbayan (Third Division), et aI., G.R. No. 148965, February 26,2002 citing
People v. Paguntalan, 242 SCRA 753 [1995]; People v. de Leon, 245 SCRA 785 [1995]; People v.
r
Nacional, 248 SCRA 122 [1995]
308 G.R. No. 220598, July 19,2016.
309 Id., citing People v. De Leon, G.R. No. 179943, June 26,2009,591 SCRA 178, 194-195.
310 Id., citing People v. Del Castillo, G.R. No. 169084, January 18,2012,663 SCRA 226, 246.
311 G.R. No. 143468-71, January 24, 2003, 396 SCRA 62, 94-95.
DECISION
Page 64 of67
x-------------------------------------------------- x
merely of acts of preparation has never ceased to be

equivocal; and this is necessarily so, irrespective of his
declared intent. It is that quality of being equivocal that
must be lacking before the act becomes one which may
be said to be a commencement of the commission ofthe
crime, or an overt act or before any fragment of the
crime itself has been committed, and this is so for the
reason that so long as the equivocal quality remains,
no one can say with certainty what the intent of the
accused is. It is necessary that the overt act should have
been the ultimate step towards the consummation of the
design. It is sufficient if it was the "first or some
subsequent step in a direct movement towards the
commission of the offense after the preparations are
made." The act done need not constitute the last
proximate one for completion. It is necessary,
however, that the attempt must have a causal relation
to the intended crime. In the words of Viada, the overt
acts must have an immediate and necessary relation to
the offense.'" (Emphasis supplied.)
With the above disquisition, the question now is whether the accused
SB Members' act of signing Resolution No. 18-2013312 has an immediate and
necessary relation to the felony?
We believe not.
It bears emphasis that reference should likewise be made to the acts of

the accused SB Members before, during and after the commission. Affixing
their signatures in the disputed resolution does not imply that they permitted
Cabonilas to exercise the functions of the SB Secretary. As councilors, it is
part of their duties to attend sessions and to enact ordinances. There is no
evidence on record which would show that their attendance during the special
session is irregular, or that they knew beforehand that Cabonilas would
prepare Resolution No. 18-2013313. The only thing that is clear is that they
attended the session to deliberate on the 2014 annual budget. At most, herein
accused were just performing their duties as councilors. Not a single overt act
was done by the accused SB Members to prevent Nerio Aquino from
performing his functions as the SB Secretary. There is no causal relation
between their approval of the budget ordinance, and the acts committed by
Cabonilas and Mayor Garcia. Apart from their attendance and signatures, the
prosecution did not provide any other evidence that would link their
participation to the crime. The Court is not convinced that the accused
councilors conspired with Mayor Garcia and Cabonilas by affixing their .
'" Exhibits "B-7" to "8-8".

"'Id.
I /cl
DECISION
Page 65 of67
x--------------------------------------------------x
signatures in the subject resolution and by attending the special session.

Criminal intent cannot be simply inferred from certain equivocal acts.
Above all, herein accused SB Members does not have the authority to
designate or appoint the SB Secretary. During the cross-examination of
accused Amadora, it was shown that Cabonilas was already designated by
Mayor Garcia as SB Secretary, to Wit:314
Prosec. Laguting:
Q Prior to the appointment ofNerio Aquino as SB

Secretary, you knew that your eo-accused
Emmylou Cabonilas was designated as SB
Secretary, correct?
A Yes, ma'am.
Q It was then Mayor Garcia who designated her as

SB Secretary, correct?
A Yes, ma'am.
Q That designation was made few days before the

assumption of Vice Mayor Efren Gica, correct?
A No, ma'am she was there already before we

became councilors.
Verily, the accused SB Members did not have any participation in the
designation of Cabonilas. Conspiracy transcends mere companionship, and
mere presence at the scene of the crime does not in itself amount
to conspiracy. 315 Even knowledge of, or acquiescence in, or agreement to
cooperate is not enough to constitute one a party to a conspiracy , absent any
active participation in the commission of the crime with a view to the
furtherance of the common design and purpose.' 16
While not impelling such a degree of proof as to establish absolutely

impervious certainty, the quantum of proof required in criminal cases
nevertheless charges the prosecution with the immense responsibility of
establishing moral certainty, a certainty that ultimately appeals to a person's
very conscience."? Settled in our jurisprudence is the rule that the convicti~~
of the accused must rest, not on the weakness of the defense, but on ••
t
'" TSN dated July 17,2019, pp. 7·8. r
315
316
317
Macapagal-Arroyo v. People, G.R. No. 220598, July 19, 2016.
Id., citing Bahilidad v. People, G.R. No. 185195, March 17,2010,615
Daayata, et at. v. People, G.R. No. 205745, March 8,2017.
SCRA 686. er
~
DECISION
Criminal Case No. S8-16-CRM-I079
Page 66 of67
x--------------------------------------------------x
strength of the prosecution.'!" The burden is not on the accused to prove his
innocence."?
WHEREFORE, premises considered, judgment is hereby rendered as

follows:
1.) Accused Nelson Gamaliel F. Garcia is

found GUILTY beyond reasonable doubt of the crime of usurpation of
official functions defined and penalized under Article 177 of the
Revised Penal Code. Absent any mitigating or aggravating
circumstances, and applying the Indeterminate Sentence Law, he is
hereby sentenced to an indeterminate penalty ranging from two (2)
months and one (1) day of arresto Mayor, as the minimum penalty, to
one (1) year, eight (8) months and twenty-one (21) days of prision
correccional, as the maximum penalty.
2.) Accused Emmylou Q. Cabonilas is

found GUILTY beyond reasonable doubt of the crime of usurpation of
official functions defined and penalized under Article 177 of the
Revised Penal Code. Absent any mitigating or aggravating
circumstances, and applying the Indeterminate Sentence Law, she is
hereby sentenced to an indeterminate penalty ranging from two (2)
months and one (1) day of arresto Mayor, as the minimum penalty, to
one (1) year, eight (8) months and twenty-one (21) days of prision
correccional, as the maximum penalty.
3.) Accused Ricardo A. Boquecosa, Ricardo C. Condes,

Eliezar B. Amadora, Meriam P. Llafio and Antonio L. Garcia are hereby
ACQUITTED, for failure of the prosecution to prove their guilt of the
crime charged beyond reasonable doubt.
Accordingly, the hold-departure order issued by the Court

against accused Ricardo A. Boquecosa, Ricardo C. Condes, Eliezar B.
Amadora, Meriam P. Llafio and Antonio L. Garcia is hereby LIFTED
and SET ASIDE, and the cash bonds posted by them are ordered
RELEASED, subject to the usual accounting and auditing procedures.
SO ORDERED.
318 People v. Arposeple, et aI., G.R. No. 205787, November 22,2017.

319 Id., citing Macayan. Jr. v. People, 756 Phi!. 202, 214 (2015).
DECISION
Page 67 of67
x--------------------------------------------------x
A-ARCEGA
WE CONCUR:
~,L -
~Ff~L"R. LAGOS MARYAN E. CORPUS-
Associate Justice NALAC
Chairperson iate Justice
ATTEST ATION
I attest that the conclusions in the above Decision were reached in

consultation before the case was assigned to the writer of the opinion of the
Court's Division.
~tR.~AGOS
Chairperson, Fifth Division
CER TIFICATION
Pursuant to Article VIII, Section 13 of the Constitution, and the

Division Chairperson's Attestation, it is hereby certified that the conclusions
in the above Decision were reached in consultation before the case was
assigned to the writer of the opinion of the Court's Division.
~ROM.~E-TAN "---.J
Presiding Justice

K - Crim - SB-16-CRM-1079 - People Vs Garcia, Et Al - 11 - 06 - 2020

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REPUBLIC OF THE PHILIPPINES

PEOPLE OF THE PHILIPPINES, CRIM. CASE Nos. SB-16-

For: Violation of Article

NELSON GAMALIEL F. GARCIA, Present:

Charged with Usurpation of Official Functions penalized under Article

"That on or about 26 December 2013, or sometime prior or

and within the jurisdiction of this Honorable Court, accused

On November 14,2016, a hold-departure order was issued against the

A Motion for Judicial Determination of Probable Cause was filed by

On January 24, 2017, accused Nelson Garcia filed an Addendum to the

Dismiss filed by Accused Garcia on February 17, 2017.9 Then, on February

In a Resolution I I dated February 28,2017, the Court denied the motion

Assisted by their respective counsels de parte, all of the accused were

1. Identity of the accused charged in the Information and jurisdiction of

a. NELSON GAMALIEL F. GARCIA - Municipal Mayor of

b. RICARDO A. BOQUECOSA, RICARDO C. CONDES,

c. EMMYLOU Q. CABONILAS - Municipal Information Officer.

3. That whenever the above-named accused are mentioned in the

12 Id., pp. 361-362.

13 Records, Vo\. 2, pp. 3-33.

14 Id., pp. 3-33.

15 Id., pp. 36-54.

Additionally, the prosecution and accused Boquecosa, Condes,

1. That on September 5,2013, then Vice Mayor Efren Guntrano Z. Gica

2. That on December 26,2013, the Sangguniang Bayan of Dumanjug

On January 31, 2017, the prosecution filed a Motion to Suspend

EVIDENCE FOR THE PROSECUTION

1.) ATTY. JOSHUA NOEL DACUMOS ("Atty. Dacumos")

In his Judicial Affidavit.!" Atty. Dacumos stated that he was a

Atty. Dacumos insisted that the said resolution is irregular since

1) Letter complaint dated March 4, 2014;22

4) Signature of Atty. Joshua N. Dacumos in the Letter complaint

5) Signature of Atty. Joshua N. Dacumos in the Joint-Complaint

6) Signature of Atty. Joshua N. Dacumos in the Reply-Affidavit"

The respondents were found guilty of grave misconduct and were

On cross-examination by Atty. Francisco S. Yabur", Atty. Dacumos

On clarificatory;" the witness admitted that he was likewise present

}O Id., pp. IS-20.

The cross-examination conducted by the counsel of accused Nelson

On re-direct examination, Atty. Dacumos recounted that from August

2.) NERIO TIMTIM AQUINO ("Aquino")

40 Counsel for accused Boquecosa, et al.

The witness stated in his Judicial Affidavit" that he was appointed as

One of his duties as Secretary to the Sangguniang Bayan is to take note

44 Supra note 29, pp. 101-110. I~

47 Exhibits "8-7" to "8-8".

48 Exhibit "M" (also Exhibit "13-80quecosa, et al.").

Witness Aquino recalled that the Municipality of Dumanjug has a Merit

Lastly, the witness added that they filed a Joint-Complaint Affidavit

Aquino claimed that the designation of Cabonilas as stated in

The witness admitted that he is aware of the letter'" dated November 5,

Likewise, the prosecution witness insisted that even after his

On cross by Atty. Famor.t" it was established that the appointment of

On re-direct examination, the witness explicated that his appointment

During the re-cross examination by Atty. Yabut," the witness stressed

67 Id., pp. 30-32.

3.) EVELINDA T. QUlRANTE ("Quirante")

Evelinda T. Quirante was a councilor of the Municipality of Dum anjug,

She recalled that Jerome Sarumines ("Sarumines"), a eo-terminus

On cross-examination counducted by Atty. Famor." the witness

4.) EFREN GUNTRANO ZUBRADO GICA ("Vice Mayor

Efren Guntrano Zubrado Gica is the former Vice Mayor of the