346 Phil. 627; 94 OG No. 39, 6689 (September 28, 1998)
ROMERO, J.:
“That on or about July 27, 1992 or sometimes (sic) prior or subsequent thereto, in Mariveles, Bataan, Philippines, and within the jurisdiction of this Honorable Court, OSCAR DELOS REYES and JESSE CONCEPCION, both public officers, being Municipal Mayor of Mariveles, Bataan and Member of the Sangguniang Bayan of Mariveles, Bataan, passed and approved the said resolution appropriating the amount of P8,500.00 for payment of the terminal leave of two (2) employees of the municipality, when in truth and in fact as both accused knew well the same is false and incorrect as the said resolution was not approved by the aforesaid Sangguniang Bayan for which both accused has the obligation to disclose the truth.On October 14, 1994, prior to his arraignment, petitioner filed a Motion for Reinvestigation arguing, among other things, “that the Ombudsman previously dismissed a similar complaint against him involving the same factual setting.”[4]
CONTRARY TO LAW.[3]
“Acting on accused Mayor Oscar delos Reyes’ Motion for Reinvestigation and accused Jesse Concepcion’s Manifestation, the same are hereby DENIED, being without merit and the prosecution having vigorously opposed the Motion. The allegations of fact and the arguments of counsel are best taken up in the trial on the merits. As found by the prosecution, a prima facie case exists.After the motion for reconsideration was denied on May 24, 1995, petitioner filed this instant petition for certiorari. On September 18, 1995, the Court resolved to issue the temporary restraining order prayed for by petitioner.
Consequently, let the arraignment of the above entitled case be set on March 03, 1995, at 8:30 A.M.”[5]
“Article 109 (b) The local chief executive, except the punong barangay shall have the power to veto any particular item or items of an appropriations ordinance, an ordinance or resolution adopting a local development plan and public investment program or an ordinance directing the payment of money or creating liability. x x x.” (Underscoring supplied)Contrary to petitioner’s belief, the grant of the veto power confers authority beyond the simple mechanical act of signing an ordinance or resolution, as a requisite to its enforceability. Such power accords the local chief executive the discretion to sustain a resolution or ordinance in the first instance or to veto it and return it with his objections to the Sanggunian, which may proceed to reconsider the same. The Sanggunian concerned, however, may override the veto by a two-thirds (2/3) vote of all its members thereby making the ordinance or resolution effective for all legal intents and purposes. It is clear, therefore, that the concurrence of a local chief executive in the enactment of an ordinance or resolution requires, not only a flourish of the pen, but the application of judgment after meticulous analysis and intelligence as well.
It was held that “contrary to petitioner’s claim, what the minutes only show is that on August 12, 1994 the Sanggunian took a vote on the administrative case of respondent Mayor and not that it then rendered a decision as required by Section 66(a) of the Local Government Code.”[8]In the case at bar, the minutes of the session reveal that petitioner attended the session of the Sangguniang Bayan on July 27, 1992. It is evident, therefore, that petitioner approved the subject resolution knowing fully well that “the subject matter treated therein was neither taken up and discussed nor passed upon by the Sangguniang Bayan during the legislative session.”[14]
With the same factual context as in the case at bar, petitioners herein were “accused of having falsified or caused the falsification of the excerpts of the minutes of the regular sessions of the Sangguniang Panlalawigan of Quirino province on August 15, 1988 and September 19, 1988. x x x.”[9]
“In his resolution, Secretary Drilon declared that there were no written notices of public hearings on the proposed Manila Revenue Code that were sent to interested parties as required by Article 276(b) of the Implementing Rules of the Local Government Code nor were copies of the proposed ordinance published in three successive issues of a newspaper of general circulation pursuant to Article 276(a). No minutes were submitted to show that the obligatory public hearings had been held.”[10]
“It appears from the minutes of the board meeting of February 28, 1958 that the names of the members present as well those who were absent have been recorded, and that all those present took active part in the debates and deliberations. At the end of the session, when the presiding officer asked the members if there were any objections to the approval of the proposed budget, only one councilor raised an objection. The minutes, therefore, could readily show who of the members present in the deliberations voted pro and who voted con.”[11]
“The certification of the election registrar relied upon by the petitioner is correct as far as it goes. Only 80 votes appear to have voted according to the precinct book in the sense that only 80 voters affixed their signatures thereon after voting. But this does not necessarily mean that no other voters cast their ballots in the questioned precinct: there were 279 in all, according to the minutes of voting, although only 80 of them signed the precinct book.”[12]
“As found by the trial court, the said minutes of the meeting of the Sangguniang Bayan do not mention the execution of any deed to perfect the agreement. An engineer was appointed to survey the old abandoned road, but this act does not in any manner convey title over the abandoned road to the Pansacola spouses nor extinguishes their ownership over the land traversed by the new provincial highway.”[13]
1. Counterfeiting or imitating any handwriting, signature or rubric;
2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;
3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;
4. Making untruthful statements in a narration of facts;
5. Altering true dates;
6. Making any alteration or intercalation in a genuine document which changes its meaning;
7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy of a statement contrary to, or different from, that of the genuine original; or
8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.