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