Professional Documents
Culture Documents
the Philippines
Gr No. 188694
February 12, 2014
Facts:
Petition for review on certiorari assailing the
decision of the CA, affirming the decision of RTC Manila
which found Petitioners Atienza and Castro guilty
beyond reasonable doubt of the crimes of Robbery and
Falsification of Public Document.
Petitioners are CA employees: budget officer
and utility worker, respectively. On March 20, 1995,
Juanito Atibula (Atibula), a custodian of the CA Original
Decisions, was invited by Castro to Atienzas birthday
party where he was introduced to a certain Dario who
asked for his help in locating a CA decision in a
particular case. (FERNANDO CASE)
They found said case in Vol 260 of the CA
Original Decisions. Dario perused said document and
also scanned Vol. 265. In the following days, Dario
approached Atibula and requested the latter to insert a
decision dated Sep 26 1968 in one of the Volumes but
Atibula refused. Atienza thereafter offered him P50,000
in exchange for Vol 260 but he also refused.
Atibula subsequently discovered that Vol. 266
was missing which he reported to his superiors
immediately. Several days later, a certain Nelson de
Castro, also a CA employee, handed Atibula a giftwrapped package which turned out to be the missing
Vol. 266. De Castro claimed that it was Castro who
asked him to do so.
The contents of the returned Vol. 266 were
reviewed by Atibula and it was found that there were
new documents inserted therein: CA decisions and
resolutions supposedly for the FERNANDO CASE. Upon
Atibulas comparison, it was found that the duplicate
original decisions did not bear such promulgations.
Upon the NBI investigation that ensued, it was found
that Vol. 266 has indeed been altered and the
signatures of the CA Justices therein have been forged.
Ultimately, a complaint was filed by the NBI to
the Office of the Ombudsman implicating Atienza,
Castro and Dario of the Crimes of Falsification of Public
Document and Robbery under the RPC. Thereafter,
corresponding informations were filed before the RTC
and the petitioners pleaded not guilty while Dario
remained at large.
Atienza denied having anything to do with the
crimes and he averred that he was away from the
office during the months in question due to workrelated duties as budget and liason officer. Castro on
the other hand, did not make any efforts to refute the
charges against him.
RTC: guilty beyond reasonable doubt and there
is conspiracy. The previous events that conspired
between the petitioners and Atibula prove their guilt.
CA: affirmed RTCs decision. Although there was no
direct evidence, Atibulas and the NBIs testimonies
his guilt, then the evidence does not fulfill the test of
moral certainty and is not sufficient to support a
conviction. Accordingly, there being no circumstantial
evidence sufficient to support a conviction, the Court
hereby acquits petitioners, without prejudice, however,