581 Phil. 419
QUISUMBING, J.:
x x x xThe Information was docketed as Criminal Case No. 27465 and raffled to the Fourth Division of the Sandiganbayan.
That on or about 01 July 1998 or sometime prior or subsequent thereto, in San Vicente, Palawan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, ALEJANDRO A. VILLAPANDO, a public officer, being then the Municipal Mayor of San Vicente, Palawan, committing the crime herein charged, in relation to and taking advantage of his official functions, conspiring and confederating with accused Orlando M. Tiape, did then and there wilfully, unlawfully and feloniously appoint ORLANDO M. TIAPE as a Municipal Administrator of San Vicente, Palawan, accused Alejandro A. Villapando knowing fully well that Orlando Tiape lacks the qualification as he is a losing mayoralty candidate in the Municipality of Kitcharao, Agusan del Norte during the May 1998 elections, hence is ineligible for appointment to a public office within one year (1) from the date of the elections, to the damage and prejudice of the government and of public interest.
CONTRARY TO LAW.[8]
The Court found the "Demurrer to Evidence" impressed with merit.Thus, this petition by the Office of the Ombudsman, through the Office of the Special Prosecutor, representing the People of the Philippines.
Article 244 of the Revised Penal Code provides:Article 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. (underscoring supplied)A dissection of the above-cited provision [yields] the following elements, to wit:Afore-cited elements are hereunder discussed.
- the offender was a public officer;
- accused nominated or appointed a person to a public office;
- such person did not have the legal qualifications [therefor;] and,
- the offender knew that his nominee or appointee did not have the legal qualifications at the time he made the nomination or appointment.
- Mayor Villapando was the duly elected Municipal Mayor of San Vicente, Palawan when the alleged crime was committed.
- Accused appointed Orlando Tiape as Municipal Administrator of the Municipality of San Vicente, Palawan.
- There appears to be a dispute. This Court is now called upon to determine whether Orlando Tiape, at the time of [his] designation as Municipal Administrator, was lacking in legal qualification. Stated differently, does "legal qualification" contemplate the one (1) year prohibition on appointment as provided for in Sec. 6, Art. IX-B of the Constitution and Sec. 94 (b) of the Local Government Code, mandating that a candidate who lost in any election shall not, within one year after such election, be appointed to any office in the Government?
The Court answers in the negative.
In ascertaining the legal qualifications of a 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 of a public officer to hold a particular position in the government is provided by law. The purpose of the law is to ensure that the person appointed is competent to perform the duties of the office, thereby promoting efficiency in rendering public service.In this case, Orlando Tiape was allegedly appointed to the position of Municipal Administrator. As such, the law that provides for the legal qualification for the position of municipal administrator is Section 480, Article X of the Local Government Code, to wit:
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 of the Philippine Bar, such act constitutes a violation of the law under consideration."Section 480. Qualifications, Terms, Powers and Duties.-(a) No person shall be appointed administrator 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 preferably in public administration, law, or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in management and administration work for at least five (5) years in the case of the provincial or city administrator, and three (3) years in the case of the municipal administrator.It is noteworthy to mention that the prosecution did not allege much less prove that Mayor Villapando's appointee, Orlando Tiape, lacked any of the qualifications imposed by law on the position of Municipal Administrator. Prosecution's argument rested on the assertion that since Tiape lost in the May 11, 1998 election, he necessarily lacked the required legal qualifications.xxx xxx xxx."
It bears stressing that temporary prohibition is not synonymous with absence or lack of legal qualification. A person who possessed the required legal qualifications for a position may be temporarily disqualified for appointment to a public position by reason of the one year prohibition imposed on losing candidates. Upon the other hand, one may not be temporarily disqualified for appointment, but could not be appointed as he lacked any or all of the required legal qualifications imposed by law.- Anent the last element, this Court deems it unnecessary to discuss the same.
WHEREFORE, finding the "Demurrer to Evidence" filed by Mayor Villapando with merit, the same is hereby GRANTED. Mayor Villapando is hereby ACQUITTED of the crime charged.
SO ORDERED.[13]
Simply, the issue is whether or not the Sandiganbayan, Fourth Division, acted with grave abuse of discretion amounting to lack or excess of jurisdiction.I.
WHETHER THE RESPONDENT COURT ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OF OR EXCESS OF JURISDICTION IN INTERPRETING THAT THE "LEGAL DISQUALIFICATION" IN ARTICLE 244 OF THE REVISED PENAL CODE DOES NOT INCLUDE THE ONE YEAR PROHIBITION IMPOSED ON LOSING CANDIDATES AS ENUNCIATED IN THE CONSTITUTION AND THE LOCAL GOVERNMENT CODE.
II.
WHETHER THE RESPONDENT COURT ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OF OR EXCESS OF JURISDICTION IN GIVING DUE COURSE TO, AND EVENTUALLY GRANTING, THE DEMURRER TO EVIDENCE.[15]
Art. 244. Unlawful appointments. — Any public officer who shall knowingly nominate or appoint to any public office any person lacking the legal qualifications therefore, shall suffer the penalty of arresto mayor and a fine not exceeding 1,000 pesos.Section 94 of the Local Government Code provides:
SECTION 94. Appointment of Elective and Appointive Local Officials; Candidates Who Lost in Election. - (a) No elective or appointive local official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.Section 6, Article IX-B of the 1987 Constitution states:
Unless otherwise allowed by law or by the primary functions of his position, no elective or appointive local official shall hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.
(b) Except for losing candidates in barangay elections, no candidate who lost in any election shall, within one (1) year after such election, be appointed to any office in the government or any government-owned or controlled corporations or in any of their subsidiaries.
Section 6. No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government or any Government-owned or controlled corporations or in any of their subsidiaries.Villapando's contention and the Sandiganbayan, Fourth Division's interpretation of the term legal disqualification lack cogency. Article 244 of the Revised Penal Code cannot be circumscribed lexically. Legal disqualification cannot be read as excluding temporary disqualification in order to exempt therefrom the legal prohibitions under Section 6, Article IX of the 1987 Constitution and Section 94(b) of the Local Government Code of 1991.