ROLANDO P. BARTOLOME vs. PEOPLE OF THE PHILIPPINES, and HONORABLE SANDIGANBAYAN II G.R. No. L-64559

G.R. No. L-64548                              July 7, 1986
ROLANDO P. BARTOLOME
vs.
PEOPLE OF THE PHILIPPINES, and HONORABLE SANDIGANBAYAN
G.R. No. L-64559                              July 7, 1986
ELINO CORONEL Y SANTOS
vs.
SANDIGANBAYAN

FACTS:
Rolando P. Bartolome and Elino Coronel Y Santon were charged with the crime of Falsification of Official document as defined and penalized under paragraph 4, Article 171 of the Revised Penal Code. It was alleged that the two conspired to make it appear on the CS Personal Data Sheet that Bartolome has taken and passed the Career Service Professional Qualifying Examination with a rating of 73.35% and that he was a 4th year AB student at the Far Eastern University.
The charges were filed in the Sandiganbayan.

ISSUE:
Whether or not the offense charged falls under the jurisdiction of the Sandiganbayan.

HELD:
                        No, the offense is not cognizable by the Sandiganbayan.
            Under Section 4 of P.D. 1606, which created this special court:
Sec. 4. Jurisdiction — The Sandiganbayan shall have jurisdiction over:
(a) Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, and Republic Act No. 1379; (b) Crime committed by public officers and employees, including those employed in government-owned or controlled corporations, embraced in Title VI I of the Revised Penal Code, whether simple or complexed with other crimes; and (c) Other crimes or offenses committed by public officers or employees, including those employed in government-owned or controlled corporations, in relation to their office. (Emphasis supplied).
A careful reading of Republic Act No. 3019 and Republic Act No. 1379 will reveal that nowhere in either statute is falsification of an official document mentioned, even tangentially or by implication.

Title VII, Book Two, of the Revised Penal Code defines and penalizes a wide range of offenses committed by public officers, from knowingly rendering an unjust judgment under Article 204 to abuses against chastity in Article 245, but falsification of an official document is not included. This is punished in Article 171 under Title IV, Book Two, on Crimes against Public Interest.
Post a Comment (0)
Previous Post Next Post