26. Guillergan Vs. People.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S Guillergan vs. People (G.R. No. 185493)

Facts: The petitioner is Ltc. Roberto K. Guillergan. The respondent is the People of the Philippines. In the case at bar, on June 20, 1995, the Office of the Ombudsman indicted the herein petitioner for estafa through falsification of public documents before the Sandigangbayan. It was shown through evidence produced that sometime in 19867, the petitioner, a Lieutenant Colonel in the Armed Forces of the Philippines (AFP), directed a certain Seclon, to cause the preparation of the payrolls of their civilian intelligence agents with supporting time record and book. The agents name was then copied and certified correct by the herein petitioner. There was also an instruction made by the petitioner that the CIAs payrolls in Region 6 for 1987 were covered by cash advances payable to certain Captain Roland V. Maclang, Jr., which advances were issued upon his request as disbursing officer for that purpose. Later on, a complain was filed for the violation of Article 172 of the RPC in relation to Article 171 of said code.

Issue: Is the petitioner liable for said crime?

Held: The Supreme Court said that the elements for the violation of 172 are “1) the offender is a private individual or a public officer or employee who did not take advantage of his official position; 2) the offender committed any of the acts of falsification enumerated in Article 171; and 3) the falsification was committed in a public or official or commercial document.” All the foregoing elements are present, rendering the petitioner guilty.