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    Daan v. Sandiganbayan, GR Nos. 163972-77, March 28, 2008

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    Jemson Ivan Walcien
    The petitioner and Mayor Kuizon were charged with malversation of public funds and falsification of public documents. The petitioner sought to plea bargain by pleading guilty to lesser offenses. The prosecution accepted pleading to falsification by a private individual but the court denied the plea bargain. The Supreme Court ruled that falsification by a private individual is necessarily included in falsification by a public officer so the petitioner can plead guilty to the lesser offense. It also found the petitioner could plead guilty to failure to render accounts, a lesser offense of malversation.

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    Daan v. Sandiganbayan, GR Nos. 163972-77, March 28, 2008

    Uploaded by

    Jemson Ivan Walcien
    247 views1 page
    The petitioner and Mayor Kuizon were charged with malversation of public funds and falsification of public documents. The petitioner sought to plea bargain by pleading guilty to lesser offenses. The prosecution accepted pleading to falsification by a private individual but the court denied the plea bargain. The Supreme Court ruled that falsification by a private individual is necessarily included in falsification by a public officer so the petitioner can plead guilty to the lesser offense. It also found the petitioner could plead guilty to failure to render accounts, a lesser offense of malversation.

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    38. Daan v. Sandiganbayan, GR Nos. 163972-77, March 28, 2008

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    The petitioner and Mayor Kuizon were charged with malversation of public funds and falsification of public documents. The petitioner sought to plea bargain by pleading guilty to lesser offenses. The prosecution accepted pleading to falsification by a private individual but the court denied the plea bargain. The Supreme Court ruled that falsification by a private individual is necessarily included in falsification by a public officer so the petitioner can plead guilty to the lesser offense. It also found the petitioner could plead guilty to failure to render accounts, a lesser offense of malversation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    247 views1 page

    Daan v. Sandiganbayan, GR Nos. 163972-77, March 28, 2008

    Uploaded by

    Jemson Ivan Walcien
    The petitioner and Mayor Kuizon were charged with malversation of public funds and falsification of public documents. The petitioner sought to plea bargain by pleading guilty to lesser offenses. The prosecution accepted pleading to falsification by a private individual but the court denied the plea bargain. The Supreme Court ruled that falsification by a private individual is necessarily included in falsification by a public officer so the petitioner can plead guilty to the lesser offense. It also found the petitioner could plead guilty to failure to render accounts, a lesser offense of malversation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Daan v. Sandiganbayan, GR Nos.

    163972-77, March 28, 2008

    FACTS:
    Petitioner, together with Mayor Kuizon, were charged for three counts of malversation
    of public funds. In addition to the charge for malversation, the accused were also indicted for
    three counts of falsification of public document by a public officer or employee. In the
    falsification cases, the accused offered to withdraw their plea of not guilty and substitute the
    same with a plea of guilty, provided, the mitigating circumstances of confession or plea of guilt
    and voluntary surrender will be appreciated in their favor. In the alternative, if such proposal
    is not acceptable, said accused proposed instead to substitute their plea of not guilty to the
    crime of falsification of public document by a public officer or employee with a plea of guilty,
    but to the lesser crime of falsification of a public document by a private individual. On the other
    hand, in the malversation cases, the accused offered to substitute their plea of not guilty
    thereto with a plea of guilty, but to the lesser crime of failure of an accountable officer to render
    accounts.

    Insofar as the falsification cases are concerned, the prosecution found as acceptable
    the proposal of the accused to plead guilty to the lesser crime of falsification of public
    document by a private individual for it will strengthen the cases against the principal accused,
    Mayor Kuizon who appears to be the mastermind of these criminal acts. However, the
    Sandiganbayan denied petitioners Motion to Plea Bargain, despite favorable recommendation
    by the prosecution, on the main ground that no cogent reason was presented to justify its
    approval.

    ISSUE:
    Is the lesser offense of falsification of a public document by a private individual
    necessarily included in the crime of falsification of public document by a public officer, hence,
    petitioner may plead guilty to the former?

    RULING:
    Yes. An offense may be said to necessarily include another when some of the essential
    elements or ingredients of the former as alleged in the complaint or information constitute the
    latter. And vice versa, an offense may be said to be necessarily included in another when the
    essential ingredients of the former constitute or form part of those constituting the latter.

    In this case, the allegations in the Informations filed against petitioner are sufficient to
    hold petitioner liable for the lesser offenses. In the charge for Falsification of Public
    Documents, petitioner may plead guilty to the lesser offense of Falsification by Private
    Individuals inasmuch as it does not appear that petitioner took advantage of his official position
    in allegedly falsifying the timebook and payroll of the Municipality of Bato, Leyte. In the same
    vein, he may plead guilty for rendering account by an accountable officer instead of
    malversation of public funds. Therefore, that some of the essential elements of offenses
    charged in this case likewise constitute the lesser offenses, then petitioner may plead guilty to
    such lesser offenses. Moreover, petitioner is not an accountable officer in that the nature of
    his duty as foreman/timekeeper does not permit or require possession or custody of local
    government funds, not to mention that petitioner has already restituted the amount of
    P18,860.00 involved in this case.

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