F - Crim - SB-16-CRM-0120 - People Vs Alegado - 06 - 28 - 2017 PDF

REPUBLIC OF THE PHILIPPINES
SANDIGANBAYAN
Quezon City
Seventh Division
PEOPLE OF THE PHILIPPINES, Crim. Case No. SB-16-CRM-0120

Plaintiff,
Present:
Gesmundo, J., Chairperson
-versus- Gomez-Estoesta, J. and
Trespeses, J.
TERESA PEPITO ALEGADO, Promulgated:

lulgated: a f)
Accused.
X X
DECISION
GOMEZ-ESTOESTA,J.;
The appointment of Engineer Danilo A. Capangpangan to the position

of General Services Officer of the Municipality of Consolacion, Cebu led to
the filing of the present charge against accused Teresa Pepito Alegado
["accused"], incumbent Municipal Mayor of Consolacion, Cebu, for the
crime of Unlawful Appointment punishable under Article 244 of the Revised
Penal Code. ThQ accusatory portion of the Information dated December 9,
2014' is quoted below:
That on 1 August 2011 or sometime prior to subsequent thereto, in
the [Mjunicipality of Consolacion, Province of Cebu, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused
TERESA P. ALEGADO,a high-ranking public officer, being the Municipal
Mayor of Consolacion, Cebu (SO 27), and as such is the appointing
authority of the said office in such capacity and committing the offense in
relation to office, taking advantage of her public position, with deliberate
intent, did then and there willfully, unlawfully and feloniously make an
unlawful appointment by appointing DANILO A. CAPANGPANGAN as
General Services Officer of the Municipality of Consolacion[,] Cebu,
accused TERESA P. ALEGADO knowing fully well at the time she made
the appointment that DANILO A. CAPANGPANGAN lacks the
qualification as he failed to meet the educational requirement and of the
experience required ofthe position under the Local Government Code for a
person to be appointed as General Services Officer, hence is ineligible for
Records, Vol. 1, pp. 1-2

L
/ /■
People V. Teresa Pepito Alegado |
2 Page
Criminal Case No.SB-16-CRM-0120
DECISION
appointment as General Services Officer, to the damage and prejudice of

the government and of public interest.
CONTRARY TO LAW.
A Hold Departure Order was issued by this Court on March 21,2016.^

Upon arraignment held on April 29,2016,accused, assisted by counsel,
pleaded not guilty to the offense charged.^
Following the conclusion of the preliminary conference, pre-trial was
conducted on August 9, 2016 wherein the Court issued a Pre-Trial Order"^
containing the following stipulations entered into by the parties:^
I
ADMITTED FACTS
1) The identity of accused Teresa Pepito Alegado (Alegado);

2) That at the time material to this case,or on August 1,2011,accused Alegado
was a public officer, being the Municipal Mayor of Consolacion, Cebu;
3) That at the time material to this case,or on August 1,2011,accused Alegado
was the appointing authority of the Local Government of Consolacion,
Cebu; and
4) The appointment of Engr. Danilo Capangpangan needed the validation of

the Civil Service Commission.
The parties further stipulated that the lone issue to be resolved is

whether or not accused violated Art. 244 of the Revised Penal Code on
Unlawful Appointment.^
EVIDENCE FOR THE PROSECUTION
As this case is covered by the Judicial Affidavit Rule {A.M. No. 12-8-8-
SC, effective January 1,2013),judicial affidavits of witnesses were submitted
which took the place oftheir direct testimonies.
The Prosecution presented the following witnesses, whose testimonies
are summed in this wise:
1. Ma. Victoria R. Gabud ["Gabud"], then Director II of the Civil

Service Commission Cebu North Field Office (CSC-CNFO) from October
2011 until November 30, 2015, was responsible for the processing, review,
and evaluation of post-audit appointments issued by accredited agencies. She
made the verification that all the supporting documents pertaining to
appointments were complete.^
Gabud alleged in her Judicial Affidavit that she processed, reviewed, or
evaluated the appointment of Engineer Danilo A. Capangpangan ["Engr.
Capangpangan''] as General Services Officer(GSO)ofthe local government
- Id at 49
^ Id. at 61
Id. at 232-240
^ Id. at. 232; The same admitted facts are incorporated in the parties' Joint Stipulation of Facts and Issues.
^ Records, Vol. 1, p. 239
' Judicial Affidavit of Ma. Victoria R. Gabud (Records, Vol. 1, pp. 79-80)
i i/
People V. Teresa Pepito Alegado 3I P a g e
Criminal Case No. SB-16-CRM-0120
DECISION
unit (LGU) of Consolacion, Cebu, an accredited agency, including all its

supporting documents, viz'}
Exhibits Documents
"D"to Position Description Form
«D-1"
"E" to Personal Data Sheet(PDS)of Engr. Capangpangan
"E-3-a"
«F»» Certification of Availability of Funds dated July 28, 2011
issued by the municipal accountant
"G" to Appointment Paper of Engr. Capangpangan as GSO
"G-1"
"K» to Report on Appointments Issued for the month of August 2011
"K-1"
Sangguniang Bayan Resolution No. 282, Series of2011
Gabud particularly evaluated the qualifications ofEngr. Capangpangan

as indicated in his PDS^ vis-a-vis the qualification standards'® for the position
ofGSO pursuant to Section 490,par.(a)ofRepublic Act No. 7160,^^ otherwise
known as the Local Government Code of1991,to wit:
Qualifications Required Qualifications as stated in

by Section 490 of the the PDS of Engr.
Local Government Code Capangpangan
Education A holder of a college Bachelor of Science in Civil
degree on public Engineering
administration, business
administration and
management from a
recognized college or
university.
^Id. at 81
'Exhibit "E".See also Judicial Affidavit of Ma. Victoria R. Gabud (Records, Vol. 1, p. 83)
'® Exhibit"M"
'' The cited section provides:
SECTION 490. Qualifications, Powers and Duties. — (a) No person shall be appointed
general services officer unless he is a citizen of the Philippines, a resident of the local government
unit concerned, of good moral character, a holder ofa college.degree on (sic) public administration,
business administration and management from a recognized college or university, and a first grade
civil service eligible or its equivalent. He must have acquired experience in general services,
including management ofsupply, property, solid waste disposal, and general sanitation for at least
five(5)years in the case ofthe provincial or city general services officer, and at least three(3)years
in the case ofthe municipal general services officer.
XXX
f V
People V. Teresa Peplto Alegado 4IP a g e
DECISION
Experience Experience in general Project Development

services, including Officer I from 1991 to 2011.
management of supply,
property, solid waste Designated as GSO on
disposal, and general October 4, 2010.
sanitation for at least three
(3) years in the case of the Designated as Municipal
municipal general services Environment and Natural
officer. Resources Officer on
November 23,2010.
Gabud invalidated the appointment by issuing a letter of invalidation'^

and releasing an RAI(Report on Appointments Issued)'^ to the Municipality
of Consolacion stating that the appointment of Engr. Capangpangan was
invalidated on ground that he failed to meet the education and experience
requirements for the position under the Local Government Code of 1991 or
Republic Act No. 7160.
Subsequently, Gabud came to know that accused appealed the
invalidation before CSC Regional Office No. VII because she was furnished
a copy of the latter's Memorandum ofAppeal. Eventually, however, she was
required to comment on the same. Her Comment'^ stated:
XXX
On March 26, 2012, this Office invalidated the above mentioned

appointment on the ground that Engr. Capangpangan failed to meet the
education and experience requirements for the proposed position.
Per record on file with this Office, Engr. Capangpangan was a
graduate of Bachelor of Science in Civil Engineering, a licensed Civil
Engineer and presently holding the position ofProject Development Officer
I (PDO I). The duties and responsibilities enumerated in his Position
Description Form (PDF)for PDO I are the following: 1) Prepares Project
Designs and supporting documents; 2) Prepares feasibility study; 3)
Drafting; and 4)Performs related jobs.
On the other hand, the qualification requirements for a General
Service Officer provided in RA 7160(Section 490,Article twenty. Chapter
three of the Local Government Code of 1991)are as follows:
Education - a holder ofcollege degree on public administration,
business administration and management from a
recognized college or university;
Training - none required;
Experience - must have acquired three(3) years(sic) experience
in general services, including management ofsupply,
property,solid waste disposal, and general sanitation;
and
Exhibit"L"
Exhibit"M"
Exhibit"N"to "N-4'
Exhibit"O"
i V■
People V. Teresa Pepito Alegado 5I P a e6
DECISION
Eligibility - first grade civil service eligible or its equivalent.

Further, the general services officer shall take charge of the office
on general services and shall:
1) Formulate measures for the consideration of the
sanggunian and provide technical assistance and support to
the X X X mayor,x x x, in carrying out measures to ensure the
delivery ofbasic services and provision ofadequate facilities
pursuant to Section 17 of this Code and which rquire (sic)
general services expertise and technical support services;
2) Develop plans and strategies and upon approval thereof
by the X X X mayor, x x x, implement the same, particularly
those which have to do with the general services supportive
of the welfare ofthe inhabitants x x x;
3) In addition to the foregoing duties and functions, the

general services officer shall:
i) Take custody of and be accountable for all
properties, real or personal, owned by the local
government unit and those granted to it in the form
ofdonation,reparation, assistance and counterpart of
joint projects;
ii) X X X ;
iii) X X x;
iv) X X x;
v) Maintain and supervise janitorial, security,
landscaping and other related services in all local
government public buildings and other real property,
whether owned or leased by the local government
unit;
vi) X X X ;
In her appeal. Mayor Alegado presented the following contentions:
1) The appointment of Engr. Danilo Capangpangan as
General Services Officer is urgent and necessary in order not
to jeopardize the services of the municipality;
2) Due to the urgency, the municipality exerted its best
efforts to look/search for the most qualified public servant
qualified to assume the position of General Services Officer;
3)X X X ;
4) Unfortunately, there was no available eligible and
qualified personnel who possess (sic) the necessary
experience and education who applied for the said position;
5) Appellant was then constrained to select from the
municipality's existing roster and chose Engr.
Capangpangan as General Services Officer due to his
impressive work and job performance including his long
exposure and experience at the General Services Office;
6)X X x;
f v'
People V. Teresa Pepito Alegado |
6 Page
DECISION
7) In the interest of equity and compassion. Appellant is

earnestly and humbly begging this honourable (sic) office
that the decision invalidating the appointment of Engr.
Danilo Capangpangan as General Services Officer of the
Municipality of Consolacion be reconsidered and that the
said appointment be approved.
Apparently, Engr. Capangpangan does not possess and failed to
meet the education and experience required ofthe position. The contentions
or justifications cited by Mayor Alegado in support of her appeal cannot
take the place of the same.
This Office, therefore, respectfully recommends that the instant
appeal be denied for lack of merit.
Very truly yours,
(Sgd.)
MA. VICTORIA R. GABUD
Director II
Gabud later learned that the appeal of accused was dismissed by the
CSC Regional Office No. VII in its Decision No. 12-0101 dated November
22, 2012.'^
On cross-examination, Gabud testified that the Personnel Selection
Board was tasked to screen or evaluate the qualifications of the applicant.
Additionally, a Sangguniang Bayan resolution was required if the
appointment pertained to a department head,such as the position of GSO.*® If
the appointment was invalidated,the local government unit concerned has the
option to appeal the invalidation to the field office, and ifthe same was denied,
an appeal may be made to the central office.'^
On re-direct examination, Gabud stated that as a general practice, if an
agency endorsed a notice of vacancy to her office, it will be acted on pursuant
to the request (i.e. if there is a request for publication, then the notice will be
published). When she reviewed the subject appointment vis-a-vis the Notice
of Vacancy which was endorsed to her office, Gabud noticed that the
educational qualification as indicated in the Notice ofVacancy did not comply
with the required standards as provided in the Local Government Code of
1991?^
On re-cross examination, Gabud averred that a local government unit

has fifteen(15)days from receipt ofan invalidated appointment within which
to appeal the same. The Municipality of Consolacion was able to submit its
appeal within the said period.^'
Exhibit"P" to "P-3"
"TSN dated August 15,2016, p. 14
Id. at 15
"W. at 16-17
2° id at 22-23
2' Id at 24-25
/
People V. Teresa Pepito Alegado 7I P a g e
DECISION
2. Merlinda Flores-Quillano ["Quillano"], Director II of the CSC-

CNFO since December 1, 2015.
Quillano stated in her Judicial Affidavit that upon receiving a subpoena
from the Office of the Special Prosecutor (OS?) requiring her to submit
original/certified true copies of documents pertinent to the appointment of
Engr. Capangpangan as GSO, she submitted certified true copies of the
following documents, including those attached to the 201 Files of Engr.
Capangpangan:^^
Exhibits Documents
"C" to Qualification Standards Manual for the position of General
"C-2" Services Officer (GSO), Consolacion, Cebu pursuant to
Section 490(a)of the Local Government Code of1991.
"E"to PDS of Engr. Capangpangan
«E-3"
"G" to Appointment Paper dated August 1, 2011 of Engr.
"G-1" Capangpangan for the position of GSO of Consolacion, Cebu
"H" Oath of Office dated August 1, 2011 of Engr. Capangpangan
for the position of GSO administered by accused
Certificate of Assumption of Office dated August 1, 2011 of
Engr. Capangpangan as GSO
"K" Report on Appointments for the month of August 2011 of
Consolacion, Cebu
"M" Letter of invalidation dated March 26, 2012 of Gabud
addressed to accused
"N" to Appeal Memorandum dated June 29, 2012 submitted by
"N-4" accused
«0'< Comment dated August 31, 2012 of Gabud
«P" to Decision No. 12-0101 dated November 22, 2012 issued by
"P-3" CSC Regional Office No. VII
M'J'M
Sangguniang Bayan Resolution No. 282 Series of 2011 dated
August 3, 2011
"U" Service Record of Engr. Capangpangan
Examination Record Card of Capangpangan
Quillano certified that these documents were true and authentic

photocopies ofrecords on file within her custody,except for the Memorandum
ofAppeal filed by accused.^^
On cross-examination, Quillano disclosed that in case ofan invalidated
appointment, the appointee should assume his old position if no appeal was
made. If the CSC issued an order, and the local government unit did not
comply therewith, a sanction would be warranted.^"^
3. Philip Barnie B. Lampong ["Lampong"], Human Resources
Management Officer(HRMO)III of Consolacion, Cebu since December 10,
2015. He asseverated in his Judicial Affidavit that he was required by the OS?
Judicial Affidavit of Merlinda Flores-Quillano (Records, Vol. 1, pp. 114-115)

Id. at 119; TSN dated August 16,2016, p.6
TSN dated August 16, 2016, pp. 11-12
i
People V. Teresa Pepito Alegado 8I P3g e
DECISION
to submit certified true copies of various documents in relation to the

invalidated appointment of Engr. Capangpangan. His office has the custody
ofthe original copies ofthe following:^^
Exhibits Documents
"A" Indorsement dated January 13, 2013
«B" Notice of Vacancy dated January 13, 2011
"C" to Qualification Standards Manual for the position of General
"C-2" Services Officer (GSO), Consolacion, Cebu pursuant to
Section 490(a)ofthe Local Government Code of1991,
"D" to Position Description Form
«D-1"
"E"to PDS of Engr. Capangpangan
«E-3"
«F" Certification dated July 28, 2011 of Municipal Accountant as
to the availability offunds to support the appointment ofEngr.
Capangpangan
(tp*
«J" Certification of Personnel Selection Board (PSB) dated
August 16,2011
«L" Letter dated March 26, 2012 of Gabud addressed to accused
"R" Certification dated May 16,2016 ofPhilip Bamie Lampong
"S" Letter dated September 5, 2011 of accused addressed to
Director Alice May S.Parcon,Officer-in-Charge, CSC-CNFO
When asked on cross-examination if he has in his possession the

Memorandum dated December 26, 2012, in which accused ordered Engr.
Capangpangan to assume his previous position as Project Development
Officer I due to the fact that his appointment as GSO was disapproved by the
CSC Regional Office No. VII, Lampong answered in the affirmative.^^
4. Ma. Analee G. Gungob ["Gungob"], Municipal Councilor of
Consolacion, Cebu from June 30, 2010 up to June 30, 2016.
In her Judicial Affidavit, Gungob averred that in addition to her primary
duty to enact ordinances for the Municipality of Consolacion, she was
appointed by the Sangguniang Bayan as a member ofthe Personnel Selection
Board(PSB)from 2010 up to early 2012.^^ As a member ofthe PSB,she was
tasked with concurring in or confirming appointments of department heads
and/or salary grade level 24 employees made by the mayor. Sometime in July
2011, the PSB deliberated on the application of Engr. Capangpangan for the
position of GSO.^® This was accomplished by comparing Engr.
Capangpangan's PDS^^ to the Notice of Vacancy issued by accused. It
Judicial Affidavit of Philip Bamie B. Lampong(Records, Vol. I, pp. 141-146)

TSN dated September 7,2016, p. 41
"Judicial Affidavit of Ma. Analee G. Gungob(Records, Vol. 1, p. 167)
28 Ibid
2' Exhibit "E"
People V. Teresa Peplto Alegado 9I P a g e
DECISION
appearing that Engr. Capangpangan's submitted documents complied with the

qualification standards as stated in the Notice of Vacancy, the PSB
recommended his appointment to the position of GSO^' and issued a
Certification stating that the appointment was deliberated using the said
documents.^^
Gungob further stated that the Sangguniang Bayan passed Resolution

No. 282, Series of 2011, which concurred/confirmed the appointment made
by accused. Since the Sanggunian was not the appointing authority, it relied
on the Mayor's representations as to the applicant's qualifications.
On cross-examination, Gungob affirmed that the Municipal Mayor
could not endorse the appointment of Engr. Capangpangan without the
recommendation and approval of the PSB.^"^ She likewise affirmed that the
appointment of Engr. Capangpangan could not be forwarded to the CSC for
action without a resolution issued by the municipal council.^^
Following the presentation of its witnesses, the Prosecution formally
offered its documentary exhibits listed below:
Exhibits Documents
«A" Indorsement dated January 13,2013
Notice of Vacancy dated January 13,2011
«C" Qualification Standards Manual for the position of General
Seryices Officer (GSO), Consolacion, Cebu pursuant to
Section 490(a)ofthe Local Government Code of1991.
"D" Position Description Form
«E" PDS of Engr. Capangpangan
«F" Certification dated July 28, 2011 of Municipal Accountant as.
to the availability offunds to support the appointment ofEngr.
Capangpangan
«G" Appointment Paper dated August 1, 2011 of Engr.
Capangpangan for the position of GSO of Consolacion, Cebu
«J" Certification of Personnel Selection Board (PSB) dated
August 16,2011
"K" Report on Appointments for the month of August 2011 of
Consolacion, Cebu
Letter dated March 26,2012 of Gabud addressed to accused
"M" Letter of invalidation dated March 26, 2012 of Gabud
addressed to accused
"N" Memorandum of Appeal dated June 29, 2012 submitted by
accused
«0" Comment dated August 31, 2012 of Gabud
Exhibit"B"
Judicial Affidavit of Ma. Analee G. Gungob (Records, Vol. I, p. 168)
Exhibit "J"
"Exhibit"T"
TSN dated September 7, 2016, p. 18
at 19
i
1
People V. Teresa Peplto Alegado 10 I P a g e
DECISION
Decision No. 12-0101 dated November 22, 2012 issued by

CSC Regional Office No. VII
"Q" Letter-complaint and Complaint-affidavit dated February 13,
2013
"R" Certification dated May 16, 2016 of Philip Bamie Lampong
"S" Letter dated September 5, 2011 of accused addressed to
Director Alice May S. Parcon, Officer-in-Charge,CSC-CNFO
tfj"" Sangguniang Bayan Resolution No. 282 Series of 2011 dated
August 3,2011
"U" Service Record of Engr. Capangpangan
Examination Record Card of Capangpangan
In a Resolution dated October 4, 2016,^^ this Court admitted all the

exhibits offered by the Prosecution.
EVIDENCE FOR THE DEFENSE
For its part, the Defense presented witnesses Salome L. Palang, and
accused herself.
1. Salome L. Palang ["Palang"], then HRMO-Designate of the

Municipality of Consolacion from July 7, 2010 to December 9, 2015, and a
former member of the FSB. Her office was in-charge ofthe records of all of
the municipality's employees.
In her Judicial Affidavit, Palang stated that around January 2011, the
position of GSO was vacant. Palang informed accused of such fact and she
was instructed by the latter to prepare a Notice of Vacancy, which the accused
later signed for posting.^^ Palang then prepared an Indorsement dated January
13, 2011^^ which was forwarded to the CSC. Palang thereafter posted copies
of the Notice of Vacancy^^ in designated areas in order to inform interested
parties who may wish to apply for the position. The Notice of Vacancy read:
NOTICE OF VACANCY
1. Region : VII
2. Local Government : Consolacion, Cebu
Unit
3. Position : General Services Officer
4. Item No. : 80(New Item)
5. Salary Grade/Level :24/2
6. Education : College Degree Holder
(preferably Engineering)
7. Experience : 3 years(sic) experience in general services
8. Training : None
9. Eligibility : CSC Professional or its equivalent
(Sgd.)
Teresa P. Alegado

"Judicial Affidavit of Salome L. Palang(Records, Vol. 1, p. 189)
Exhibit"1"
Exhibit "2"
f
People V. Teresa Pepito Alegado 111 P a g e
DECISION
Municipal Mayor
Date: Jan. 13, 2011
As there was no eligible applicant at the time of the posting of the

Notice of Vacancy, the Municipality was constrained, due to urgency, to
choose Engr. Capangpangan. Accused then called on the PSB to screen or
evaluate his qualifications for the position of GSO. Thereafter, the PSB
unanimously selected and recommended Engr. Capangpangan for the said
position."*® Before his appointment was submitted to the CSC for review, the
Sangguniang Bayan passed Resolution No. 282, Series of 2011"** which
unanimously confirmed the same."*^ Palang prepared a Certification Letter"*^
addressed to Alice May S. Parcon, the Director of the CSC-CNFO, and
submitted all pertinent documents to the said Office for its review of the
appointment. Palang eventually learned that the CSC-CNFO invalidated the
subject appointment, which ruling accused eventually appealed before the
CSC Regional Office.
On cross-examination, Palang affirmed that she prepared the Notice of
Vacancy for the position of GSO."*"* When asked if she was aware that Section
490 of the Local Government Code of1991 required that the GSO should be
a holder of a degree in public administration, business administration and
management,Palang alluded that she could not recall."*^
When the Court confi-onted her with a clarificatory question as to what
is the basis of the qualification "preferably an engineer" in the Notice of
Vacancy,Palang answered that there may have been an error in the preparation
of said Notice."*^ She went on to say that her office submitted to the CSC the
Notice ofVacancy for its comment and review, but that there was no comment
or correction by the CSC on the documents submitted."*^
2.TERESA PEPITO ALEGADO,the incumbent Municipal Mayor of
Consolacion, Cebu since June 30,2010.
In her Judicial Affidavit, accused alleged that, around January 2011,the
Municipality did not have a GSO. She instructed Palang, the municipal
HRMO,to prepare a Notice of Vacancy and to post the same in designated
areas in order to inform the general public of such vacancy. Accused also
directed Palang to make an Indorsement and forward it together with the
Notice of Vacancy to the CSC."*®
As there was no eligible applicant for the position of GSO, Engr.
Capangpangan was chosen from among the Municipality's roster, and accused
called on the PSB to convene and deliberate his selection and appointment.
Exhibit "3"; See also Judicial Affidavit of Salome L. Palang(Records, Vol. 1, p. 190)
Exhibit "8"
Judicial Affidavit of Salome L. Palang(Records, Vol. 1, p. 191)
Exhibit "6"
TSN dated February 6,2017, p. 34
Id. at 36
Id at 37-38
at38
Judicial Affidavit of Teresa P. Alegado(Records, Vol. 1, pp. 205-206)
f ly
People V. Teresa Pepito Alegado 12
| P^ge
DECISION
After thorough deliberation and screening, the PSB issued a Certification

dated August 16, 2011 unanimously recommending Engr. Capangpangan's
appointment."^^ The PSB was comprised of the following: two (2)
Sangguniang Bayan members (including Gungob), a second-level
representative, HRMO-Designate Palang, and accused herself.
Subsequently, the Sangguniang Bayan passed Resolution No. 282,
Series of 2011 which unanimously confirmed the appointment of Engr.
Capangpangan as GSO.^® Thereafter,the HRMO prepared a certification letter
and, together with all of the supporting documents pertinent to the
appointment, were submitted to the CSC-CNFO.
Upon learning that the CSC-CNFO invalidated the appointment,
accused appealed the ruling because of the sense of urgency in the
appointment of a GSO so as not to hamper the delivery of basic services to
her constituents. Also, there were no other qualified applicants for the said
position despite the fact that the Notice of Vacancy had already been posted
in public places.^' Nonetheless, accused's appeal was dismissed by CSC
Regional Office No. VII in Decision No. 12-0101 dated November 22,2012.^^
After receiving the aforesaid ruling rendered by the CSC Regional
Office No. VII, accused complied therewith by issuing a Memorandum dated
December 26, 2012^^ addressed to Engr. Capangpangan informing him ofthe
fact that his appointment was invalidated. Accordingly, accused ordered Engr.
Capangpangan to return to his former position as Project Development Officer
I and to cease his functions as GSO.^"^
Accused clarified that the appointment of Engr. Capangpangan could

not proceed without passing through the PSB.^^ In fact, accused, in her
capacity as Municipal Mayor, could not appoint on her own a person to the
position of GSO without a resolution issued by the Sangguniang Bayan
confirming the same.^^
On cross-examination,accused testified that, upon receiving notice that
the CSC-CNFO invalidated the appointment, she did not immediately order
Engr. Capangpangan to revert back to his former position because she had
appealed the invalidation and believed that the same would be granted. She
reiterated that there were no other applicants available for the position of
GSO,and she emphasized the urgency in having the same filled as it played a
vital role in the business of the Municipality.^^ Accused further admitted that
she was a first-time mayor and that she relied on the Human Resources Officer
Exhibit "3".See also Judicial Affidavit ofTeresa P. Alegado (Records, Vol. 1, pp. 206-207)
Exhibit "8".See also Judicial Affidavit ofTeresa P. Alegado(Records, Vol. 1, p. 207)
Judicial Affidavit of Teresa P. Alegado(Records, Vol. 1, pp. 207-208)
"Exhibit "4"
Exhibit"7"
Judicial Affidavit of Teresa P. Alegado(Records, Vol. 1, pp. 208)
«Ibid
"Id. at 209
TSN dated February 6,2017, pp. 20-21
1
People V. Teresa Pepito Ategado 13 I P a g e
DECISION
to see to it that Engr. Capangpangan met the qualifications under the law for
the position of GSO.^^
On clarificatory question by the Court whether she ordered Engr.
Capangpangan to refund the salary he supposedly received from the time he
was appointed until the same was invalidated, accused answered that she had
discussed the matter with Engr. Capangpangan and that he was willing to
refund the same upon receipt of an order from the CSC.^^
After the presentation ofits witnesses,the Defense formally offered the
following exhibits:
Exhibits Documents
Indorsement dated January 13,2013
"2" Notice of Vacancy dated January 13,2011
"3" Certification of the Personnel Selection Board (FSB) dated
August 16, 2011
«4»» Decision No. 12-0101 dated November 22, 2012 issued by
CSC Regional Office No. VII
«5" Certification dated May 16, 2016 issued by Philip Bamie
Lampong
"6" Letter dated September 5, 2011 of Salome Palang addressed
to Director Alice May Parcon, CSC-CNFO
Memorandum dated December 26,2012 ofaccused addressed
to Engr. Capangpangan
«8" Sanggunians Bayan Resolution No.282 Series of2011
In its Resolution^® dated February 6, 2017, this Court admitted all the
exhibits offered by the Defense.
Meantime, this Court issued a Resolution^' dated February 28, 2017
ordering the suspension pendente lite of accused for a period of ninety (90)
days. Accused moved for the reconsideration ofthe said ruling, but this Court
denied the same in its Resolution dated April 11, 2017.
Following the filing of the parties' respective Memoranda, this case
was submitted for Decision.
Id. at 24-26
at 26-27
Records, Voi. 2, pp. 155-157
Memorandum for the Accused(Records, Vol. 2, pp. 181-197); Memorandum for the Prosecution(Records,
Vol.2, pp. 201-215)
/ /
| Page
DECISION
THE COURTIS RULING
In People v. Sandiganbayan (Fourth Division) and Villapando,^^ the

Supreme Court, quoting the challenged ruling rendered by the Fourth Division
ofthis Court, significantly echoed:
XXX
In ascertaining the legal qualifications ofa particular appointee to a

public office, "there must be a law providing for the qualifications of a
person to be nominated or appointed" therein. To illuminate further. Justice
Rodolfo Palattao succinctly discussed in his book that the qualification of a
public officer to hold a particular position in the government is provided for
by law, which may refer to educational attainment, civil service eligibility
or experience:
As the title suggests, the offender in this article is a

public officer who nominates or appoints a person to a public
office. The person nominated or appointed is not qualified
and his lack of qualification is known to the party making
the nomination or appointment. The qualification ofa public
officer to hold a particular position in the government is
provided by law. The purpose ofthe law is to ensure that the
person appointed is competent to perform the duties of the
office, thereby promoting efficiency in rendering public
service.
The qualification to hold public office may refer to

educational attainment, civil service eligibility or
experience. For instance, for one to be appointed as judge,
he must be a lawyer. So if the Judicial and Bar Council
nominates a person for appointment as Judge knowing him
to be not a member ofthe Philippine Bar,such act constitutes
a violation ofthe law under consideration.
XXX
The law providing the qualifications for the position of GSO (General
Services Officer)is found in the Local Government Code of1991,specifically
Section 490(a)thereof, which is quoted as follows:
SECTION 490. Qualifications, Powers and Duties. —(a) No
person shall be appointed general services officer unless he is a citizen of
the Philippines, a resident of the local government unit concerned, of good
moral character, a holder of a college degree on (sic) public
administration, business administration and management from a
recognized college or university, and a first grade civil service eligible or
its equivalent. He must have acquired experience in general services,
including management of supply, property, solid waste disposal, and
general sanitation for at least five(5) years in the case ofthe provincial or
"G.R. No. 164185, July 23, 2008, which cited the Decision dated May 20, 2004 of the Sandiganbayan,
Fourth Division, in Criminal Case No. 27465
/
| Page
DECISION
city general services officer, and at least three(3) years in the case of the
municipal general services officer.(Emphasis supplied)
XXX
In this case,it is the appointment by the accused ofEngr. Capangpangan

as GSO ofthe Municipality ofConsolacion,Cebu,which led to her indictment
for the crime of Unlawful Appointment penalized under Article 244 of the
Revised Penal Code, viz:
ART. 244. Unlawful appointments.- Any public officer who shall
knowingly nominate or appoint to any public office any person lacking the
legal qualifications therefor, shall suffer the penalty of arresto mayor and a
fine not exceeding 1,000 pesos.
To warrant a conviction under this provision, the following elements

must be established beyond reasonable doubt by the prosecution:^'^
1. That the offender is a public officer.
2. That he [or she] nominates or appoints a person to a public office.

3. That such person lacks the legal qualifications therefor.
4. That the offender knows that his nominee or appointee lacks the
qualifications at the time he [or she] made the nomination or appointment.
While it is highly perceptible that Engr. Capangpangan lacked the legal

qualification to be appointed to the position of GSO,it is found that such fact
alone is not enough to impose upon the accused liability for the crime charged.
An assessment ofthe existence ofthe elements will show, as follows:
Accused who is the Municipal
Mayor of Consolacion. Cebu is a
PUBLIC OFFICER.
It was the subject of stipulation by the parties that"at the time material
to this case,or on August 1,2011,accused Alegado was a public officer, being
the Municipal Mayor of Consolacion, Cebu".^^
Accused appointed Engr.
Capangpangan as GSO of
Consolacion. Cebu.
On August 1, 2011, accused appointed Engr. Capangpangan as GSO,^^

which position heads the office on general services under the executive arm
of the Municipality of Consolacion, Cebu. The Sangguniang Bayan
subsequently concurred in or confirmed the appointment by unanimous vote
as evidenced by Resolution No. 282, Series of 2011.^^
"Luis B. Reyes,Revised Penal Code(Book Two)452(2002)

"Records, Vol. I, p. 232
^ Appointment Paper of Engr. Capangpangan (Exhibit "G" for the Prosecution); Report on Appointments
Issued (Exhibit"K" for the Prosecution)
Exhibit "T" for the Prosecution
1 7
People V. Teresa Pepito Alegado 16 I P a g e
DECISION
Engr. Capangpangan lacks the

LEGAL QUALIFICATIONS FOR THE
POSITION OF GSO.
The following matrix illustrates the education and experience

qualification standards for the position of GSO as required by Section 490(a)
of the Local Government Code of 1991 vis-d-vis Engr. Capangpangan's
credentials as stated in his PDS:^^
Qualifications Required Qualifications as stated in

by Section 490 of the the PDS of Engr.
Local Government Code Capangpangan
Education A holder of a college Bachelor of Science in Civil
degree in public Engineering
administration, business
administration and
management from a
recognized college or
university.
Experience Experience in general Project Development
services, including Officer I from 1991 to 2011.
management of supply,
property, solid waste Designated as GSO on
disposal, and general October 4, 2010.
sanitation for at least three
(3) years in the case of the Designated as Municipal
municipal general services Environment and Natural
officer. Resources Officer on
November 23,2010.
Gabud, the former Director of the CSC-CNFO, reviewed the

appointment of Engr. Capangpangan in conjunction with the supporting
documents submitted. However, she decided to invalidate the same for non-
compliance with the law. In her Judicial Affidavit, Gabud stated:^^
XXX
18. Q. What was the result of your evaluation/review and post-audit with
respect to the appointment of Engr. Capangpangan as GSO?
A. I invalidated the said appointment, Sir.
19. Q. When you said you invalidated the appointment, what do you mean
by that madam?
A. For accredited agencies, the term we use is invalidated, meaning
they are non-compliance(sic) with the requirements under the law. For non-
accredited it means disapproved.
20. Q. Why did you invalidate the appointment of Engr. Capangpangan as
GSO?
Exhibit"E" for the Prosecution. See also Judicial Affidavit of Ma. Victoria R. Gabud (Records, Vol. 1, p
83)
Judicial Affidavit of Ma. Victoria R. Gabud (Records, Vol. 1, pp. 82-83)
1 7
| Page
DECISION
A. Because the appointee failed to meet the education and experience

requirements under the Local Government Code for the position, Sir.
21. Q. Based on the documents that you have evaluated/reviewed and post-
audited, what are the qualifications of Engr. Capangpangan with respect to
education and experience, as stated in his PDS?
A. With respect to education, Engr. Capangpangan is [a holder of a]
Bachelor of Science in Civil Engineering and not a holder ofcollege degree
(sic) on public administration, business administration and management
from a recognize (sic) college or university.
With respect to his experience, and prior to his appointment on
August 1,2011, Engr. Capangpangan was occupying the position ofProject
Development Officer I from 1991 to 2011, he was also designated as GSO
on October 4, 2010 and Municipal Environment and Natural Resources
Officer on November 23, 2010. Thus, Engr. Capangpangan failed to meet
the three (3) years (sic) experience in general services, including
management of supply, property, solid waste disposal and general
sanitation.
XXX
Records show, unfortunately, that Engr. Capangpangan's credentials,

particularly those with respect to his education and experience, fall short of
the qualification standards required by the Local Government Code of1991
for the position of GSO.
Engr. Capangpangan's educational attainment, or his degree in civil
engineering, is vastly different from the required degree in public
administration or business administration and management as specified by the
Local Government Code. Civil engineering is defined as the rendering of
"services in the form of consultation, design, preparation of plans,
specifications, estimates, erection, installation and supervision of the
construction of streets, bridges, highways, railroads, airports and hangars,
portworks, canals, river and shore improvements, lighthouses, and dry docks;
buildings, fixed structures for irrigation, flood protection, drainage, water
supply and sewerage works; demolition of permanent structures; and
tunnels."^° In contrast, public administration refers to "[t]he management or
performance ofthe executive duties of a government, institution, or business.
In public law, the practical management and direction of the executive
department and its agencies."^' Business administration means "a program of
studies in a college or university providing general knowledge of business
principles and practices".
Additionally, Engr. Capangpangan's work experience did not meet the
required minimum of at least three (3) years' experience in general services.
Although Engr. Capangpangan was designated as GSO on October 4, 2010,
and presumably began to work as such in an interim or acting capacity, it
Taken from Section 4 of Republic Act No. 544 or An Act to Regulate the Practice of Civil Engineering in
the Philippines [Civil Engineering Law],as amended by Republic Act No. 1582
"Black's Law Dictionary 46(Bryan A. Gamer ed., 2004)
Definition of Business Administration, available at https://www.merriam-
webster.com/dictionarv/business%20administration (last accessed March 31, 2017)
f /
| Page
DECISION
cannot be said that he had garnered the requisite minimum of at least three(3)
years' experience in general services by the time of his appointment because
he held such position for less than a year until he was appointed as GSO on
August 1, 2011. It also bears noting that the other positions held by Engr.
Capangpangan, i.e. Project Development Officer and Environment and
Natural Resources Officer, pertain to work unrelated to general services,
management of supply, property, solid waste disposal, and general sanitation.
The functions ofa project development officer pertain to project management,
implementation, monitoring, and evaluation.^^ Incidentally, an environment
and natural resources officer is tasked to develop and implement environment
and natural resource projects - i.e. projects involving forest development,
mining and utilization of mineral resources,and measures to control pollution,
among others.^"^
While the existence of the firsts second, and third elements obtain in
this case, a loophole is found in thefourth element.
The Prosecution failed to prove
THAT ACCUSED KNEW THAT Engr.
Capangpangan LACKED THE
QUALIFICATIONS AT THE TIME SHE
MADE THE APPOINTMENT.
Essentially, it is the stance of the Prosecution that accused knew that

Engr. Capangpangan did not have the legal qualifications for GSO at the time
she made the appointment on August 1, 2011. The grounds cited by the
Prosecution are:^^ (1) the Notice of Vacancy dated January 13, 2011 was
approved by accused, and the same was "tailor-fitted" for Engr.
Capangpangan as it replaced or altered the legal qualifications under the Local
Government Code of1991 for his specific benefit;(2) accused cannot deny
the ineligibility of Engr. Capangpangan as GSO because she was the
chairperson of the PSB and his application was deliberated by the PSB prior
to his appointment; (3) accused testified in court that she appointed Engr.
Capangpangan as an incentive for his service to the Municipality, but when
asked about his qualifications as GSO, accused evaded the issue and passed
blame to the PSB and the HRMO,both of which are under her direct control
and supervision in her capacity as the chief executive of Consolacion, Cebu;
(4)the final action on appointments belongs to accused, and thus, she cannot
blame the CSC for the invalidation of the appointment of Engr.
Capangpangan; and(5)after the appointment was invalidated, accused did not
refund the salaries received by her appointee.
A judicious scrutiny of the evidence presented, however, raises
reasonable doubt on whether the accused knew that her appointee, Engr.
Vide Re: Request for Approval of the Revised Qualification Standard for Project Development Officer V
and Human Resource Management Officer III in the Program Management Office, A.M. No. 06-3-07-SC,
January 21,2010
Taken from Section 37 of Republic Act No. 8749 or An Act Providing for a Comprehensive Air Pollution
Control Policy and For Other Purposes [Philippine Clean Air Act of 1999]
Memorandum for the Prosecution (Records, Vol. 2, pp. 208-214)
/
| Page
DECISION
Capangpangan, lacked the legal qualifications at the time she made the
appointment.
First At the time accused made the appointment, it cannot be said that
she was motivated by ill will in that she purposely selected an unqualified
applicant; rather, it was by necessity and practicality that the PSB considered
Engr. Capangpangan for the position of GSO. Accused was convinced, albeit
mistakenly,that Engr. Capangpangan was"very qualified"^^ as GSO based on
his prior experience. Accused focused on the fact that Engr. Capangpangan
was designated as GSO as early as October 4, 2010, and that the quality of
service he had been delivering was satisfactory.^' Moreover, accused divulged
that she chose Engr. Capangpangan as GSO because he was the lone applicant
for the position,'^ and considering that the office on general services was a
"very vital department", there was an urgency in finding a suitable person to
head the same.
As testified by accused:'^
XXX
PROSEC. DELA TORRE
Q Despite the fact that the Letter of Invalidation clearly stated the
ineligibilities of Engr. Capangpangan?
A Yes, but I was discounting the possibility that it couldn't be denied
because as far as the urgency and the necessity of the particular office is
concerned in my municipality is very vital at that time. So, what I appealed
to the Civil Service Commission is first and foremost, there was no other
applicant when the office was opened for that position. And then secondly,
the urgency.
Q Can you specify what do you mean by "urgency"?
A My town is highly urbanizing, GSO is a very vital department
whereby I really have to place somebody who has the passion and the
interest and I find that in his personality, aside from having been a designate.
So, I tried my very best for that particular office to be filled so that all the
necessary services for the highly urbanizing municipality would be served.
QUESTIONS FROM THE COURT
AJ ESTOESTA
Q Is there no other person who can act as officer-in-charge [of the]

General Services Office?
A For a longer time before my stint, because this happened in

2010,this particular office has been always placed with a designate officer.
So that I find it very vital that since the municipality was.already having an
influx ofso much migrations [sic]. General Services is very vital to appoint
somebody.
76
"Ibid
'"W. at 25
Id. at 21-22
y
| Page
DECISION
Second, While municipal mayors are empowered by the Local

Government Code of1991 to appoint heads ofdepartments and offices in their
respective local government units,the same law requires that the sangguniang
bayan concur in appointments made by them. Section 443 of the Local
Government Code of1991 provides:
SECTION 443. Officials of the Municipal Government. —
(a)There shall be in each municipality a municipal mayor,a municipal vice-
mayor, sangguniang bayan members, a secretary to the sangguniang bayan,
a municipal treasurer, a municipal assessor, a municipal accountant, a
municipal budget officer, a municipal planning and development
coordinator, a municipal engineer/building official, a municipal health
officer and a municipal civil registrar.
XXX
(d) Unless otherwise provided herein, heads of departments

and offices shall be appointed by the municipal mayor with the
concurrence of the majority of all the sangguniang bayan members,
subject to civil service law, rules and regulations. The sangguniang bayan
shall act on the appointment within fifteen (15) days from the date of its
submission; otherwise, the same shall be deemed confirmed. (Emphasis
supplied)
XXX
The Local Government Code of1991 further states that mayors are to
be assisted by the PSB in the selection of personnel for employment, viz:
SECTION 80. Public Notice of Vacancy; Personnel Selection
Board. — (a) Whenever a local executive decides to fill a vacant career
position, there shall be posted notices of the vacancy in at least three (3)
conspicuous public places in the local government unit concemed for a
period of not less than fifteen(15)days.
(b) There shall be established in every province, city or
municipality a personnel selection board to assist the local chief
executive in the judicious and objective selection of personnel for
employment as well as for promotion, and in the formulation of such
policies as would contribute to employee welfare.(Emphasis supplied)
XXX
It would appear, therefore, that the appointment made by the accused

did not border on her discretion alone. There were two(2)independent bodies
to complete the appointment process-the recommendation to be made by the
PSB and the confirmation to be made by the Sangguniang Bayan.
Although accused appointed Engr. Capangpangan as GSO of
Consolacion, Cebu,it is difficult to conclude, as the Prosecution does,that she
did so with the knowledge that he lacked the legal qualifications at the time
the appointment was made on August 1, 2011. Several weeks prior to his
appointment, or on July 8,2011,the PSB convened,screened, and deliberated
thoroughly on the application ofEngr. Capangpangan as GSO,and, as a result
/
People V. Teresa Pepito Alegado 211 P a g e
DECISION
thereof, the said body recommended his appointment to the position.^® Two
(2) days after Engr. Capangpangan was appointed as GSO by accused, the
Sangguniang Bayan duly confirmed the same, unanimously, as evidenced by
Resolution No. 282, Series of 2011.®'
If accused came to know that Engr. Capangpangan was not qualified
for the position, she could not have known of such fact at the time the
appointment was issued because the PSB, and eventually the Sangguniang
Bayan, did not make any findings, after due evaluation, that infirmities were
present with respect to Engr. Capangpangan's credentials which would render
him ineligible for the position of GSO. Stated differently, when accused
appointed Engr. Capangpangan as GSO,there were no clear indications which
would have proved that she was aware of her appointee's unfitness for the
position and that she nonetheless made the appointment notwithstanding such
fact.
What was insinuated as a scheme to railroad the appointment in order

to "tailor-fit" the qualifications of the position for Engr. Capangpangan
remains speculative. Not a single member of the PSB or the Sangguniang
Bayan attempted to spill the beans, if any was to be made, on how Engr.
Capangpangan was appointed as GSO.Apparently,even the testimony offered
by Municipal Councilor Ma. Analee G. Gungob, who also acted as PSB
member, confirmed the regularity in the appointment procedure followed for
Engr. Capangpangan.
Third. The Notice of Vacancy®^ dated January 13, 2011 was posted in
conspicuous, public places in Consolacion, Cebu for the purpose ofinforming
interested parties who may wish to apply for the vacant position concerned.
The contents ofthe said Notice of Vacancy read:
NOTICE OF VACANCY
1. Region : VII
2. Local Government : Consolacion, Cebu
Unit
3. Position : General Services Officer
4. Item No. :80(New Item)
5. Salary Grade/Level :24/2
6. Education : College Degree Holder
(preferably Engineering)
7. Experience : 3 years(sic) experience in general services
8. Training : None
9. Eligibility : CSC Professional or its equivalent
(Sgd.)
Teresa P. Alegado
Municipal Mayor
Date: Jan. 13, 2011
Judicial Affidavit of Ma. Analee G. Gungob (Records, Vol. 1 pp. 168-169). See also Certification dated
August 16,2011 issued by the Personnel Selection Board (Exhibit"J" for the Prosecution)
Exhibit"T" for the Prosecution
Exhibit"B" for the Prosecution
f 1^;
| Page
DECISION
Obviously, this Notice was defective on its face. Item no. 6 thereof
particularly highlighted that the applicant be a holder of a college degree
"preferably Engineering", but this did not comply with the education standard
set in the Local Government Code of1991 which instead required a holder of
a college degree in public administration, business administration and
management.^^
The Prosecution would have this Court subscribe to the notion that the
aforementioned defect was intentionally made by accused to supplant the law
by "tailor-fitting" the position for Engr. Capangpangan. However, the
Prosecution did not present any concrete proof in support of its theory. It is
noteworthy that no evidence, documentary or testimonial, was given by the
Prosecution proving that accused herself was the author of the Notice of
Vacancy or that she gave instructions to her subordinates to change the
educational qualification from "public administration, business
administration and management"to "engineering". Accusations are not proof;
there must be corroborative evidence.^"*
What is apparent is that it was Palang, not accused, who authored the
Notice of Vacancy, which fact she herself admitted in her Judicial Affidavit.^^
That Palang prepared the Notice of Vacancy is vital in the resolution of the
case because the same document would go on to become the criterion, albeit
erroneously, by which accused and the PSB evaluated, screened, or
determined Engr. Capangpangan's fitness for the position of GSO. During
trial, accused testified that:®^
XXX
PROSEC. DELA TORRE
Q Madame Witness, you mentioned awhile ago that while Engr.

Capangpangan was the officer-in-charge prior to his appointment as GSO,
one of your basis is to give him incentive?
A No, not necessarily. Maybe the terminology is like that but in our
real and actual situation, sometimes, we give due credence where credence
is due. And then,I find him very qualified in as much(sic)as he was already
rendering service.
PROSEC. DELA TORRE
Q What do you mean "qualified", Madame Witness?

A Qualified in terms of delivery of service.
Q How about the statutory provision of the Local Government Code?
A As far as the statutory provision is concerned, I relied it to (sic) my
MR. Precisely, when the body was convened, I immediately open to (sic)
An Act Providing for a Local Government Code of 1991 [Local Government Code of 1991], Republic Act
No.7160, §490(1991)
People V. Ruiz, Jr., G.R. Nos. 135679 & 137375, October 10, 2001
Judicial Affidavit of Salome L. Palang (Records, Vol. 1, p. 189). See also Judicial Affidavit of Teresa P.
Alegado(Records, Vol. 1, p. 205)
/
| Page
DECISION
the members of the PSB with all the necessary orientations and
requirements to all the members present.
XXX
Similarly, Gungob, who was appointed to the PSB from 2010 to 2012,
disclosed that the PSB assessed or evaluated Engr. Capangpangan's
qualifications as GSO using as basis the Notice of Vacancy, which was
prepared by Palang:®^
XXX
12. Q: How did the PSB deliberate on the application and/or appointment
of Engr. Capangpangan as GSO?
A: We just compared Engr. Capangpangan's Personal Data Sheet to the
"Notice of Vacancy" issued by accused Alegado. Appearing that Engr.
Capangpangan's submitted documents to be compliant with the "Notice of
Vacancy" given by accused, we acceded to the same.
XXX
17. Q: Madam witness, what Qualification Standards did the PSB apply
when it deliberated the application of Engr. Capangpangan?
A: The qualification standards we relied upon are those stated by the
accused Alegado in her "Notice of Vacancy."
XXX
As can be gleaned from these circumstances, the palpable blunder

committed by Palang in the preparation ofthe Notice of Vacancy, particularly
the erroneous item as to education, created a domino effect which impacted
the entire process involved in Engr. Capangpangan's appointment. The
evaluation of Engr. Capangpangan by the PSB and its subsequent
recommendation was arrived at by applying the qualification standards
contained in the Notice ofVacancy. In making the appointment,accused relied
on the PSB's recommendation; and in confirming the appointment made by
accused, the Sangguniang Bayan presumably deliberated Engr.
Capangpangan's credentials by comparing his PDS with the qualification
standards specified in the Notice of Vacancy.
Absent a factual presentation that the blunder was in fact motivated by
ill will, the prosecution's conclusion that the appointment was "tailor-fitted"
to accommodate the qualifications of Engr. Capangpangan cannot be
sustained. In this case, it simply remains that the qualifications for a GSO
posted in the Notice of Vacancy was made with no one in mind, having been
open to the public. It was only after no applicant came forward that the
accused thought of Engr. Capangpangan to fill the position from among the
plantilla.
Fourth. That the criminal mind of accused is wanting is further
bolstered by the verity that, after she was furnished a copy of the Decision
dated November 22, 2012 rendered by the CSC Regional Office No. VII,
"Judicial Affidavit of Ma. Analee G. Gungob (Records, Vol. 1, p. 168)
/ c
| Page
DECISION
which dismissed her appeal, accused wasted no time in issuing a

Memorandum^^ dated December 26,2012 instructing Engr. Capangpangan to
cease his functions as GSO and to assume his previous position as project
development officer:
MEMORANDUM
TO : ENGR.DANILO A. CAPANGPANGAN
FROM : TERESA P. ALEGADO
Municipal Mayor
SUBJECT : APPOINTMENT AS GSO
DATE DECEMBER 26, 2012
You are hereby notified that your Appointment as General Services

Officer(Govemment Department Head) has been disapproved by the Civil
Service Commission Region VII per Order No. 12-0101 dated November
22, 2012 received by this office on December 19, 2012 copy hereto
attached.
In view of this you are hereby ordered to assume to (sic) your

previous position as Project Development Officer I effective January 1,
2013.
For your information.
(Sgd.)
Teresa P. Alegado
Municipal Mayor
Verily, accused only employed the legal process available in the hope
of filling the position to better serve her constituents. But when the Civil
Service Commission handed dovm its Decision disapproving the appointment,
accused yielded and ordered Engr. Capangpangan to assume his old position.
Fifth. In itself, the mere fact that accused did not refund the salaries
received by her appointee after the appointment had been invalidated does not
ipsofacto establish criminal intent on her part. It bears stressing that accused
had stated in open court that she and Engr. Capangpangan were "very much
willing" to refund the salaries concerned upon receipt of an order to do so.^®
Exhibit "P" for the Prosecution

Exhibit"7" for the Defense
In answer to clarificatory questions propounded by the Court, accused testified that(TSN dated February
6, 2017, p. 27);
XXX
Q But you did not order a refund of the salaries he received, which I understand, has a
higher salary classification compared to his previous position?
A Yes, we discussed about it. He said:"Ma'am I'm very much willing to refund if ever
I will be compelled to refund". And I said:"We will wait for the - because I delegated my HR also
to ask more opinions from the Civil Service so that as I would implement the refund, it should also
have the imprimatur of the agency that has given me the order already as a reinforcement evidence
of me requiring him to refund. But he voluntarily said:"I am very much willing to refund", xxx
/ 7
People V. Teresa Peplto Alegado 25
| Page
DECISION
However, the Prosecution did not submit any evidence to the effect that
accused or Engr. Capangpangan had been duly furnished a notice of
disallowance directing either or both of them to refund the said salaries, and
that they failed to comply therewith.
In fine, absent sufficient evidence showing that accused knew that the
appointee lacked the legal qualifications at the time the appointment was
made,the Prosecution was not able to establish, beyond reasonable doubt,that
the fourth element of the crime of Unlawful Appointment was present. In
dubilis reus est absolvendus — all doubts must be resolved in favor of the
accused.^'
Enshrined in the Constitution is the right ofthe accused to be presumed

innocent in all criminal prosecutions until the contrary is proved.^^ An accused
is entitled to an acquittal unless his or her guilt is shown beyond reasonable
doubt. It is the primordial duty of the prosecution to present its side with
clarity and persuasion, so that conviction becomes the only logical and
inevitable conclusion, with moral certainty.^^ Having found that the
Prosecution dismally failed in this respect, the acquittal of accused is
warranted.
WHEREFORE, for failure of the prosecution to prove the guilt of

accused TERESA P. ALEGADO beyond reasonable doubt, she is
ACQUITTED of the crime of Unlawful Appointment punishable under
Article 244 ofthe Revised Penal Code,
The Hold Departure Order issued by this Court on March 21, 2016 is
set aside and the Order issued by the Bureau ofImmigration incorporating the
name of the accused in the Hold Departure List is ordered recalled and
cancelled.^'*
SO ORDERED.
MA.THERESA DOIWRES C. GOMEZ-ESTOESTA

Associate Justice
Magsumbol v. People, G.R. No. 207175, November 26,2014

Phil. Const., art. Ill, § 14, H 2
93
AmanquUon v. People, G.R. No. 186080, August 14, 2009
Per Resolution dated March 31,2016,this Court noted that the Office ofthe Ombudsman has recommended
that no bail was required in this case (Records, Vol. 1, p. 53)
)/•
People V. Teresa Pepito Alegado 26 I P a g e
Criminal Case No. SB-1&-CRM-0120
DECISION
WE CONCUR:
' A^90ciate Justice

Chairperson
:SPESES
Associate Justice
ATTESTATION
I attest that the conclusions in the above Decision were reached in

consultation before the case was assigned to the writer of the opinion of the
Court's Division.
G. GESMUNDO
ypirson, Seventh Division
CERTIFICATION
Pursuant to Article VIII, Section 13 of the Constitution, and the

Division Chairman's Attestation, it is hereby certified that the conclusions in
the above Decision were reached in consultation before the case was assigned
to the writer ofthe opinion ofthe Court's Division.
ing Justice

F - Crim - SB-16-CRM-0120 - People Vs Alegado - 06 - 28 - 2017 PDF

Hochgeladen von

Dokumentinformationen

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

F - Crim - SB-16-CRM-0120 - People Vs Alegado - 06 - 28 - 2017 PDF

Hochgeladen von

Copyright:

Verfügbare Formate

REPUBLIC OF THE PHILIPPINES

PEOPLE OF THE PHILIPPINES, Crim. Case No. SB-16-CRM-0120

TERESA PEPITO ALEGADO, Promulgated:

The appointment of Engineer Danilo A. Capangpangan to the position

Records, Vol. 1, pp. 1-2

appointment as General Services Officer, to the damage and prejudice of

A Hold Departure Order was issued by this Court on March 21,2016.^

1) The identity of accused Teresa Pepito Alegado (Alegado);

4) The appointment of Engr. Danilo Capangpangan needed the validation of

The parties further stipulated that the lone issue to be resolved is

1. Ma. Victoria R. Gabud ["Gabud"], then Director II of the Civil

unit (LGU) of Consolacion, Cebu, an accredited agency, including all its

Gabud particularly evaluated the qualifications ofEngr. Capangpangan

Qualifications Required Qualifications as stated in

Experience Experience in general Project Development

Gabud invalidated the appointment by issuing a letter of invalidation'^

On March 26, 2012, this Office invalidated the above mentioned

Eligibility - first grade civil service eligible or its equivalent.

3) In addition to the foregoing duties and functions, the

7) In the interest of equity and compassion. Appellant is

On re-cross examination, Gabud averred that a local government unit

2. Merlinda Flores-Quillano ["Quillano"], Director II of the CSC-

Quillano certified that these documents were true and authentic

Judicial Affidavit of Merlinda Flores-Quillano (Records, Vol. 1, pp. 114-115)

to submit certified true copies of various documents in relation to the

When asked on cross-examination if he has in his possession the

Judicial Affidavit of Philip Bamie B. Lampong(Records, Vol. I, pp. 141-146)

appearing that Engr. Capangpangan's submitted documents complied with the

Gungob further stated that the Sangguniang Bayan passed Resolution

Decision No. 12-0101 dated November 22, 2012 issued by

In a Resolution dated October 4, 2016,^^ this Court admitted all the

1. Salome L. Palang ["Palang"], then HRMO-Designate of the

Records, Vol. 2, pp. 22-23

As there was no eligible applicant at the time of the posting of the

After thorough deliberation and screening, the PSB issued a Certification

Accused clarified that the appointment of Engr. Capangpangan could

THE COURTIS RULING

In People v. Sandiganbayan (Fourth Division) and Villapando,^^ the

In ascertaining the legal qualifications ofa particular appointee to a

As the title suggests, the offender in this article is a

The qualification to hold public office may refer to

In this case,it is the appointment by the accused ofEngr. Capangpangan

To warrant a conviction under this provision, the following elements

2. That he [or she] nominates or appoints a person to a public office.

While it is highly perceptible that Engr. Capangpangan lacked the legal

On August 1, 2011, accused appointed Engr. Capangpangan as GSO,^^

"Luis B. Reyes,Revised Penal Code(Book Two)452(2002)

Engr. Capangpangan lacks the

The following matrix illustrates the education and experience

Qualifications Required Qualifications as stated in

Gabud, the former Director of the CSC-CNFO, reviewed the

A. Because the appointee failed to meet the education and experience

Records show, unfortunately, that Engr. Capangpangan's credentials,

MADE THE APPOINTMENT.

Essentially, it is the stance of the Prosecution that accused knew that

PROSEC. DELA TORRE

Q Is there no other person who can act as officer-in-charge [of the]

A For a longer time before my stint, because this happened in

Second, While municipal mayors are empowered by the Local

(d) Unless otherwise provided herein, heads of departments

It would appear, therefore, that the appointment made by the accused

What was insinuated as a scheme to railroad the appointment in order

PROSEC. DELA TORRE