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SB-16-CRM-1242 to 1263 People Vs. Rodrigo Miaga Wenceslao, Et

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SB-16-CRM-1242 to 1263 People Vs. Rodrigo Miaga Wenceslao, Et tr lri':.,] E REPUBLIC OF THE PHILIPPINES SANDIGANBAYAN Quezon City THIRD DIVISION PDOPLE OI. THE PIIILIPPINES, Criminal Case Nos. Plaintiff, sB-16-CRM-1242-43 For: Violation of Section 3(e) of Rephlic Act No. 3019, as amended sB-16-CRM-1244-6:g. -versus- For: Maluersation of Public Filnds tttrough Falsification of Public/ Olftcial Document s (Art. 217 in relation to Art. 171 of the Reuised Penal Code) RODRI@ MIAGA WENCF,SLAO, Present: EFLIDA. I}UAI,LO OLITGUER, CabotaJe-Tang, A.M., P.J., JOSEPIIIIIE MIAGA MOPON, Chairperson NENITA GOTITE,Z CE,NIZ.II, Fernaadez, B.R., J. and ROSALIEDA WEI| CESLI\O CASTRO, Moreno, R.8., J. Accttsed. PROMULGATED: U0\rF -x DECISION Moreno, J.: Accused Rodrigo Miaga Wenceslao (Wenceslao), Eflida t Duallo Olaguer (Olaguer), Josephine Miaga Mopon (Mopon| Nenita Gomez Ceniza (Ceniza), and RosalindaWenceslao Castro (Castro)are charged before this Court with violation of Section ; 3(e) of Republic Act (R.A.) No. 3019, as amended, and Malversation of Public Funds through Falsification of Public I Docume[ts defined and penalized under Article 217 in relation to.Article l7l of tJ e Revised Penal Code (RPC). The Informations read as follows: .i Crirninal Case No. SB-16-CRM-1242 I 1 That from January 2004 to June 2004, and for : som.etime prior or subsequent thereto, in the Municipalitg of Merida, Prouince of Legte, Philippines, and uithin tle jurisdidion of this Honorable Court, accttsed RODRICIO DECtStON Crininol @e No. SB-16-CRM-1242-63 People v. Wencesloo, et o!. MIAGA WENCESLAO, a high-ranking public oJficer being tte Municipal Magor, conspiring and. confederating uith co-acansed namelg: 1. EFLIDA DUALLO OLAGUER, Municipal Geneml Seruices Olficer and Municipal Awuntant Designate, 2. JOSEPHINE MIAGA MOPON, Municipat Budget Offtcer, 3. NENITA GOMEZ CENIZA, Municipal Tfeasurer, and 4. ROSALINDA WENCESLAO CASTRq Utilitg Worker and Accounting Clerk, did hen and there uiLfullg, unlaufullA, criminallg and utith abuse of their respectiue positions, illegattg disburse the amount of THREE MILLION EIGHTY FIJ/E THOUSAND PESOS (Php3,085,O00.00) Philippine C\urencE, to accused Magor RODRIGO MIAGA WENCESLAO, bg making it appear that he is entitled to reimbursement claims on proanrement of PE PIPES with a unit cost of Tilto Tttousand Fiue Hundred Pesos (PdpZ,SOO.0O) per roll, wlen tte yru:rported proanrement wa.s made withnut an approued appropriation and that no atpporting doatments that the items were actually ptrclrased and accepted bg the intended beneficiaries/ recipients of the tuerutg hao barangays of the muniapalitg of Merida a"s claim.ed, thus, bg euident bad faith or gross inexcusable regligene of tlre accused, the Municipalitg of Merida, Legte, suffered undue injury in the said amount and gaue unuarcanted benefits to accused Magor RODRIGO MIAGA WENCESLAO, when the acansed kneut that said expenditure i.s false and attended bg irreguhrtties and. fraud and was euen disaUouted bg tlw Commission on Audil under Notice of Dballouane No. O5-O94-1O1 datedJune 24,2005. CONTRARYTO LAW. Crlmtnal Case No. SB- 16-CRM- 12r+il Tlnt from March 2004 to June 2004, and for som.etime prior or subsequent th.ereto, in the Muruicipalitg of Merida, Prouince of Legte, Phitippines, and uithilt the jurisdiction of this Honorable Court, aratsed RODRIGO MIAGA WENCESLAO, a high-rankirug p.blic officer being tte Municipal Magor, conspiing and anfederating uith co-acansed namelg: 1. EFLIDA DUALLO OLAGWR, Municipat General Seruices Offier and Municipal Accountant Designate, 2 DECtStO Criminol Eose No. SB-26-CRM- 1242-69 People v. Wencesloo, et dl- 2. JOSEPHINE MIAGA MOPON, Municipal Budget Offtcer, 3. NENITA GOMEZ CENIZA, Municipal Tfeasurer, and 4. ROSALINDA WENCESLAO CASTRq Utilitg Worker and Accounting Clerk, did then and there utilfully, unlawfullg, criminallg and uith afuise of their respectiue posiiions, illegallg disburse the amount of SX HUNDRED THOUSAND PESOS (Php6O0,OOO.OO) Philippine Currencg, to acansed Magor RODRIGO MIAGA WENCESLAO, bg making it appear that lte is ertitled to reimbursement claims on a purported financial assistance giuen to seueral barangags of the municipalitg of Merida, Legte, when said finarucial assistance tuas wittnut an approued appropiatian nor supporttng doanments that a specific project or program utas held for tle utilization of ttte said financiat assistance to uarious barangags of the municipalitg of Meida, Legte, thus, bg eui.dent bad faith and/ or gross inexcusable negligence of all accused, the Municipality of Merido, Legte, suffered undue injury in the said amount and lend unwarranted benefits to ang and or of the all the accused to the said amount uhert tlreg heut all along that said expendihtre is false and atteruded bg irregulaities and. fraud and. was euen disallotaed bg the Commission on Audit under Notice of Dballowane No. O5-094-101 dated June 24, 2005. .:i CONTRARYTO LAW. Crioinal Case No. SB-16-CRM-1244 That on or about tlrc 7tt, of January 2004, or i1 sometime prior or subseEt ent thereto, in tle Municipalifu of Meida, Prouince of Legte, Philippines, and within the jurisdidion of thi.s Honorable Court, accttsed RODRIGO MIAGA WENCESLAO, o high-ranking public oJficer being ttw Mttnicipal Magor, conspiring and confederating u.tith co-accused namelg: L. EFLIDA DUALLO OLAGUER, Municipal General Seruices Olfier and Municipal Accountant Designate, 2. JOSEPHINE, MIAGA MOPON, Municipal Budget Offtcer, 3. NENITA GOMEZ CENEA, Municipal Tfeasurer, and .! 4. ROSALINDA WENCESIAO CASTRq I Utilitg Worker and Accounting Clerlg ,j did then anA there uillfullg, unlaufullA, feloniouslg and I tuith abuse of their respectiue positions, misappropriate, .:1 'I {1 l .,t 3 'i DECtStON Criminol fuse No. SB-16-CRM-1242-63 People v. Wenceslao, et ol. misapplg, embezzle, conuert, can sent, or through negligene permit ang other person or arug of them or all of tlem to take public funds in their atstodg in the amnunt of ONE HUNDRED THOUSAND PESOS (Ph7100,OOO.O0) Philippine Curencg, bg making it appear that acansed maAor RODRIGO MIAGA WENCESLAO is entitled to reimbursement claim on a trrurported proqtrement of Forfu (40) roll"s of pE pIpES with a unit cost of Ttuo Thousand Fiue Hundred pesos (Ph72,5OO.OO) per roll orintLte amount of ONE HIINDRED THOUSAND PESos (Php100,000.00) phitippine Cutrenq, and muered bg a Cleck No. 2S2BS2, bg falstfuins Disbursement Voucher under JEV No. lOO-04- O4-12O-A, through an untruthful nanratton of fact of proa)rement of Forty (40) rolls of PE pIpES made in behnlf of tle Municipalitg of Merid.a bg accused Magor RODRIGO MIAGA WENCESLAO, when in truth and in fact said proatrement is false and tle same is known to them to be fal-se rendeing said tra nsactinn to be disatlowed bg the Commission on Audit under Notice of Disallowance No. 05-094-101 dated June 24, 2OOS, resulting in damage and prejudice of the gouernment, partiatlarlg to the Municipalitg of Merida, Legte. CONTRARYTO I,AW. Crlulnal Case No. SB-16-CRM-1245 That on or about the 7t of January 2004, or ,l sometime pior or subsequent tLereto, in the Municipatitg of Merida, Prouince of Legte, Philippines, and within the : jurisdiction of this Honorable Court, acansed RODE/GO i MIAGA WENCESLAO, a high-ranking gtblic officer being tLe lWunicipal Magor, conspiring and confederating with co-acqtsed namelg: 1. EFLIDA DUALLO OLAGUER, Itlunicipal General Services Olfier and Municipal ::1 Accountant Designate, 2. JOSEPHINE MIAGA MOPON, Municipal .'i Budget Officer, ..: -] 3. NENITA GOMEZ CENEA, Municipal Tfeasurer, and 4. ROSALINDA WENCESLAO CASTRO, Utilitg Worker and Accounting Clerk, '$ did then and there wiUfuIlg, unlaufullg, feloruiouslg and with abtse of tlrcir respectiue positions, misappropriate, ) misapplA, embezzle, conuert, consent, or through .l negligence permit ang other person or ang of them or all of them to take public funds in tLreir anstodg in the ,I amount of ONE HUNDRED THOUSAND PESOS (PW1O0,OO0.OO) Philippine C\trencg, bg making it ,.1 4 .! '-: DECTSTO Crimlnsl f,ose No. SB-16-CRM-1242-6I People v, Wencesldo, et al. appar that accused Mayor RODRIGO MIAGA WENCESLAO i,s entitled to reimbursement claim on a pu:rported proanement of Fortg (40) rolls of pE pIpES uith a unit cost of Two Thousand. Rue Hunlred pesos (Php2,5OO.OO) perroll or intLe amount of ONE HTJNDRED THOUSAND PESOS (Ph7LOO,OO0.OO) philippirue Atrrency, and couered bg a Ch.eck No. 2S2B3S, bg falstfgirts Disbursement Voucher urud.er JEV No. lOO-04- 03-123, through an untruthful nanration of fact of proqffement of Fortg ftO) rolls of PE pIpES made in behalf of the fufunicipalitg of Mertda bg acansed Magor RODRIGO MIAGA WENCESLAO, luhen in truth and in fact said procurement is fal,se and tle same is knoun to ttem to be false rendering said transaction to be disalloued bg the Commission on Audit under Notice of Disallor,ltance No. O5-094-1Ol dated Jurue 24, 2OOS, resulttn4 irt damage and prejudie of the gouemment, partianlarlg to the Municipolitg of Merida, Leyte. CONTRARYTO LAW. Crlnlnal Case No. SB-16-CRM-1246 That on or about the gn of January 20O4, or sometime prior or subsequent thereto, in the Municipalitg of Merida, Prouince of Legte, Philipphes, and wtthin ttre jurisdidion of this Honorable Court, acansed RODRIGO MIAGA WENCESLAO, a high-ranking public olficer being the Municipal Magor, con-spiring and confederating uith co-auused namelA: 1. EFLIDA DUALLO OIA,GWR, Municipal General Seruices Officer and Municipal Auountant Designate, 2. JOSEPHINE MIAGA MOPON, Municipal Budget Offtcer, 3. NENITA C,OMEZ CENEA, Municipal : Tleasurer, and 4. ROSALINDA WENCESIA,O CASTRq : Utilitg Worker and Accounting Clerk, did then and there uiUfuUg, unlausfully, feloniauslg and with abuse of tleir respectiue positions, misappropiate, misapplg, embezzle, conuert, consent, or through '': negligence permit ang other person or ang of them or all of them to take public funds in their ustodA in *Le amount of ONE HUNDRED THOUSAND PESOS '..,1 (PhpIOO,OOO.OO) Philippine Cunencg, bg making it appear that acansed Magor RODRIGO MIAGA WENCESLAO is entitled to reimbursement claim on a purported proa,ffement of Fortg PIPES ft1) rolls of PE ,:l ttith q unit cost of Tuto Thousand Fiue Hundred Pesos (Php2,5OO.OO) per roll or an amount of ONE HUNDRED i 5 DECtStO!t Criminal cJ,se No.
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