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Ex-Ombudsman execs acquitted of documents tampering cases

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Adrian Ayalin, ABS-CBN News

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img alt="Sandiganbayan. ABS-CBN News/File" src="https://sa.kapamilya.com/absnews/abscbnnews/media/2019/news/07/12/20160801-sandigan-bayan-jc-3.jpg"/><figcaption>Sandiganbayan. ABS-CBN News/File</figcaption></figure></div>MANILA — The Sandiganbayan Special 3rd Division has acquitted former Deputy Ombudsman for Luzon Mark Jalandoni and Assistant Ombudsman Nennette De Padua of 56 counts of removal, concealment or destruction of document under Article 226 of the Revised Penal Code.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/nation/02/03/14/ex-ombudsman-officials-face-raps-faking-documents">Ex-Ombudsman officials face raps for faking documents</a></li></ul>In the decision of the anti-graft court promulgated on August 26, 2022, Jalandoni and De Padua were likewise acquitted of 13 counts of falsification of public documents under Article 171 of the RPC.The cases stemmed from documents with the name of former Acting Ombudsman Orlando Casimiro purportedly concealed with patches of paper bearing the name of Jalandoni from March 2010 to April 2011.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/nation/07/29/13/former-deputy-ombudsman-2-others-face-falsification-raps">Former deputy Ombudsman, 2 others face falsification raps</a></li></ul>In the informations filed by the Ombudsman in 2014 before the Sandiganbayan, the patching of names supposedly withheld the release of documents to the proper parties, to the damage and prejudice of public interest.In its ruling however, the court said Jalandoni and De Padua were acquitted because the prosecution failed to prove their guilt beyond reasonable doubt.The court stressed that Jalandoni was simply following the orders of then Ombudsman Merceditas Gutierrez who has the powers to delegate her authority.“Simply put, the action documents were not immediately forwarded to the parties, not because they were concealed or hidden or due to other ulterior motive, but due to several directives from Ombudsman Gutierrez that Jalandoni honestly believed were to be followed,” the court said.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/nation/08/22/15/ex-deputy-ombudsman-cleared-falsification-case">Ex-deputy ombudsman cleared in falsification case</a></li></ul>The court also noted that Article 226 of the RPC pertains to the hiding or suppression of documents or papers entrusted to the public officer.“The patching, by itself, covered only the name and signature of the approving authority: it did not in any way conceal the document or paper itself,” the court said.The court also said in its ruling that none of the parties from the 56 action documents complained that they have been prejudiced by the pendency of the documents.The decision was penned by Associate Justice Ronald Moreno, with the concurrence of Associate Justices Oscar Herrera, Jr. and Edgardo Caldona.Presiding Justice and 3rd Division Amparo Cabotaje-Tang had a separate concurring and dissenting opinion while Associate Justice Bernelito Fernandez registered his dissent.Cabotaje-Tang noted in her concurring and dissenting opinion that she fully agrees with the ruling that De Padua, who was charged for conspiring with Jalandoni, should be acquitted in all the cases filed against her. But as to the cases of Jalandoni, Cabotaje-Tang said that there are more than adequate bases to find him guilty since the informations do not charge him with the simple act of covering names or signatures on documents with a patch of paper.Cabotaje-Tang noted that the allegations included that Jalandoni concealed action documents that were “ripe” for release to parties by covering or patching the names of the final approving authorities as well as their signatures.“As such, one cannot just look at the patches by themselves and ignore the effects they had on the action documents in determining accused Jalandoni’s culpability,” Cabotaje-Tang said in her dissent.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/nation/06/29/11/ex-asst-ombudsman-faces-probe-tampering">Ex-asst ombudsman faces probe for &#x27;tampering&#x27;</a></li></ul>Because of their acquittal, the court also ordered the lifting of the hold departure order against Jalandoni and De Padua as well as the release of the cash bond they posted for their provisional liberty.

The court stressed that Jalandoni was simply following the orders of then Ombudsman Merceditas Gutierrez who has the powers to delegate her authority.

Ex-Ombudsman execs acquitted of documents tampering cases

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Ex-Ombudsman execs acquitted of documents tampering cases

Adrian Ayalin,

ABS-CBN News

Published Sep 01, 2022 03:57 PM PHT

Read More:

Sandiganbayan

anti graft court

Ombudsman

tampering

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