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THIRD DIVISION
CAROLINA R. JAVIER,
Petitioner,
- versus -
THE FIRST DIVISION OF THE
SANDIGANBAYAN and the PEOPLE OF
THE PHILIPPINES,
Respondents.
G.R. Nos. 147026-27
Present:
YNARES-SANTIAGO, J.,
Chairperson,
CHICO-NAZARIO,
VELASCO, JR.,
NACHURA, and
PERALTA, JJ.
Promulgated:
September 11, 2009
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
D E C I S I O N
PERALTA, J.:
Before the Court is a petition for certiorari
[1]
under Rule 65 of the Rules of Court filed by petitioner Carolina R.
Javier in Criminal Case Nos. 25867 and 25898, entitled People of the Philippines, Plaintiff versus Carolina R. Javier,
Accused, seeking to nullify respondent Sandiganbayan's: (1) Order
[2]
dated November 14, 2000 in Criminal Case No.
25867, which denied her Motion to Quash Information; (2) Resolution
[3]
dated January 17,
2001 in Criminal Case No. 25898, which denied her Motion for Reconsideration and Motion to Quash
Information; and (3) Order
[4]
dated February 12, 2001, declaring that a motion for reconsideration in Criminal Case No.
25898 would be superfluous as the issues are fairly simple and straightforward.
The factual antecedents follow.
On June 7, 1995, Republic Act (R.A.) No. 8047,
[5]
or otherwise known as the “Book Publishing Industry
Development Act”, was enacted into law. Foremost in its policy is the State's goal in promoting the continuing
development of the book publishing industry, through the active participation of the private sector, to ensure an
adequate supply of affordable, quality-produced books for the domestic and export market.
To achieve this purpose, the law provided for the creation of the National Book Development Board (NBDB or
the Governing Board, for brevity), which shall be under the administration and supervision of the Office of the
President. The Governing Board shall be composed of eleven (11) members who shall be appointed by the
President of the Philippines, five (5) of whom shall come from the government, while the remaining six (6) shall be
chosen from the nominees of organizations of private book publishers, printers, writers, book industry related
activities, students and the private education sector.
On February 26, 1996, petitioner was appointed to the Governing Board as a private sector representative for a
term of one (1) year.
[6]
During that time, she was also the President of the Book Suppliers Association of the
Philippines (BSAP). She was on a hold-over capacity in the following year. On September 14, 1998, she was again
appointed to the same position and for the same period of one (1) year.
[7]
Part of her functions as a member of the
Governing Board is to attend book fairs to establish linkages with international book publishing
bodies. On September 29, 1997, she was issued by the Office of the President a travel authority to attend the Madrid
International Book Fair inSpain on October 8-12, 1997.
[8]
Based on her itinerary of travel,
[9]
she was
paid P139,199.00
[10]
as her travelling expenses.
Unfortunately, petitioner was not able to attend the scheduled international book fair.
On February 16, 1998, Resident Auditor Rosario T. Martin advised petitioner to immediately return/refund her
cash advance considering that her trip was canceled.
[11]
Petitioner, however, failed to do so. On July 6, 1998, she
was issued a Summary of Disallowances
[12]
from which the balance for settlement amounted
to P220,349.00. Despite said notice, no action was forthcoming from the petitioner.

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On September 23, 1999, Dr. Nellie R. Apolonio, then the Executive Director of the NBDB, filed with the
Ombudsman a complaint against petitioner for malversation of public funds and properties. She averred that despite
the cancellation of the foreign trip, petitioner failed to liquidate or return to the NBDB her cash advance within sixty
(60) days from date of arrival, or in this case from the date of cancellation of the trip, in accordance with government
accounting and auditing rules and regulations. Dr. Apolonio further charged petitioner with violation of Republic Act
(R.A.) No. 6713
[13]
for failure to file her Statement of Assets and Liabilities.
The Ombudsman found probable cause to indict petitioner for violation of Section 3(e) of R.A. No. 3019,
[14]
as
amended, and recommended the filing of the corresponding information.
[15]
It, however, dismissed for insufficiency of
evidence, the charge for violation of R.A. No. 6713.
In an Information dated February 18, 2000, petitioner was charged with violation of Section 3(e) of R.A. No.
3019 before the Sandiganbayan, to wit:
That on or about October 8, 1997, or for sometime prior or subsequent thereto, in the City of
Quezon, Philippines and within the jurisdiction of this Honorable Court, the aforenamed accused, a
public officer, being then a member of the governing Board of the National Book Development Board
(NBDB), while in the performance of her official and administrative functions, and acting with evident
bad faith or gross inexcusable negligence, did then and there willfully, unlawfully and criminally,
without any justifiable cause, and despite due demand by the Resident Auditor and the Executive
Director of NBDB, fail and refuse to return and/or liquidate her cash advances intended for official
travel abroad which did not materialize, in the total amount of P139,199.00 as of September 23, 1999,
as required under EO No. 248 and Sec. 5 of COA Circular No. 97-002 thereby causing damage and
undue injury to the Government.
CONTRARY TO LAW.
[16]
The case was docketed as Criminal Case No. 25867 and raffled to the First Division.
Meanwhile, the Commission on Audit charged petitioner with Malversation of Public Funds, as defined and
penalized under Article 217 of the Revised Penal Code, for not liquidating the cash advance granted to her in
connection with her supposed trip to Spain. During the conduct of the preliminary investigation, petitioner was
required to submit her counter-affidavit but she failed to do so. The Ombudsman found probable cause to indict
petitioner for the crime charged and recommended the filing of the corresponding information against her.
[17]
Thus, an Information dated February 29, 2000 was filed before the Sandiganbayan, which was docketed as
Criminal Case No. 25898, and raffled to the Third Division, the accusatory portion of which reads:
That on or about and during the period from October 8, 1997 to February 16, 1999, or
for sometime prior or subsequent thereto, in Quezon City, Philippines, and within the jurisdiction of
this Honorable Court, the above-named accused, a high ranking officer, being a member of the
Governing Board of the National Book Development Board and as such, is accountable for the public
funds she received as cash advance in connection with her trip to Spain from October 8-12, 1997, per
LBP Check No. 10188 in the amount of P139,199.00, which trip did not materialize, did then and there
willfully, unlawfully and feloniously take, malverse, misappropriate, embezzle and convert to her own
personal use and benefit the aforementioned amount of P139,199.00, Philippine currency, to the
damage and prejudice of the government in the aforesaid amount.
CONTRARY TO LAW.
[18]
During her arraignment in Criminal Case No. 25867, petitioner pleaded not guilty. Thereafter, petitioner
delivered to the First Division the money subject of the criminal cases, which amount was deposited in a special trust
account during the pendency of the criminal cases.
Meanwhile, the Third Division set a clarificatory hearing in Criminal Case No. 25898 on May 16, 2000 in order to
determine jurisdictional issues. On June 3, 2000, petitioner filed with the same Division a Motion for
Consolidation
[19]
of Criminal Case No. 25898 with Criminal Case No. 25867, pending before the First Division. On July
6, 2000, the People filed an Urgent Ex-Parte Motion to Admit Amended Information
[20]
in Criminal Case No. 25898,
which was granted. Accordingly, the Amended Information dated June 28, 2000 reads as follows:
That on or about and during the period from October 8, 1997 to February 16, 1999, or
for sometime prior or subsequent thereto, in Quezon City, Philippines, and within the jurisdiction of
this Honorable Court, the above-named accused, a high ranking officer, being a member of the
Governing Board of the National Book Development Board equated to Board Member II with a salary

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THIRD DIVISION     CAROLINA R. JAVIER,                                                  Petitioner,                                   - versus -     THE FIRST DIVISION OF THE SANDIGANBAYAN and the PEOPLE OF THE PHILIPPINES,                                           Respondents.      G.R. Nos. 147026-27   Present: YNARES-SANTIAGO, J.,          Chairperson, CHICO-NAZARIO, VELASCO, JR., NACHURA, and PERALTA, JJ.   Promulgated:      September 11, 2009 x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x D E C I S I O N   PERALTA, J.:               Before the Court is a petition for certiorari[1] under Rule 65 of the Rules of Court filed by petitioner Carolina R. Javier in Criminal Case Nos. 25867 and 25898, entitled “People of the Philippines, Plaintiff versus Carolina R. Javier, Accused,” seeking to nullify respondent Sandiganbayan's: (1) Order[2] dated November 14, 2000 in Criminal Case No. 25867, which denied her Motion to Quash Information; (2) Resolution[3] dated  January 17, 2001  in  Criminal  Case  No.  25898,  which  denied  her  Motion for Reconsideration and Motion to Quash Information; and (3) Order[4] dated February 12, 2001, declaring that a motion for reconsideration in Criminal Case No. 25898 would be superfluou ...
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