645 Phil. 379
PERALTA, J.:
That on or about the 1st day of September, 1991, and for some time prior or subsequent thereto, in the Municipality of Sasmuan, Province of Pampanga, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, ABELARDO PANLAQUI being then the Municipal Mayor of Sasmuan, Pampanga, RENATO B. VELASCO and ANGELITO PELAYO, being then the Municipal Planning and Development Coordinator and the Municipal Treasurer, respectively, of Sasmuan, Pampanga, VICTORINO MANINANG being then the Barangay Captain of Malusac, Sasmuan, Pampanga, and hence all public officers, while in the performance of their official functions, taking advantage of their position, committing the offense in relation to their office, and conspiring and confederating with one another and with WILFREDO CUNANAN, the representative of J.S. Lim Construction, did then and there willfully, unlawfully, criminally and with evident bad faith cause undue injury to the Government and grant unwarranted benefits to J.S. Lim Construction in the following manner: accused ABELARDO P. PANLAQUI, without being authorized by the Sangguniang Bayan of Sasmuan, Pampanga, entered into a Contract of Lease of Equipment with J.S. Lim Construction, represented by accused WILFREDO CUNANAN, whereby the municipality leased seven (7) units of Crane on Barge with Clamshell and one (1) unit of Back Hoe on Barge for an unstipulated consideration for a period of thirty (30) days, which equipment items were to be purportedly used for the deepening and dredging of the Palto and Pakulayo Rivers in Sasmuan, Pampanga; thereafter accused caused it to appear that work on the said project had been accomplished and 100% completed per the approved Program of Work and Specifications and turned over to Barangay Malusac; as a result of the issuance of the Accomplishment Report and Certificate of Project Completion and Turn-Over, payments of P511,612.20 and P616,314.60 were made to and received by accused WILFREDO CUNANAN notwithstanding the fact that no work had actually been done on the Palto and Pakulayo Rivers considering that J.S. Lim Construction had no barge or any kind of vessel registered with the First Coast Guard District and that no business license/permit had been granted to the said company by the Municipal Treasurer's Office of Guagua, Pampanga, which acts of the accused caused undue injury to the Government and granted unwarranted benefits to J.S. Lim Construction in the total amount of ONE MILLION ONE HUNDRED TWENTY- SEVEN THOUSAND NINE HUNDRED TWENTY-SIX AND 80/100 PESOS (P1,127,926.80), Philippine Currency.
CONTRARY TO LAW.[2]
WHEREFORE, for failure of the prosecution to prove the guilt of the accused beyond reasonable doubt, accused ABELARDO P. PANLAQUI, RENATO B. VELASCO, ANGELITO PELAYO and WILFREDO CUNANAN are hereby declared NOT GUILTY in Criminal Case No. 20637 for Violation of Section 3(e) of Republic Act No. 3019. They are ordered ACQUITTED of the said offense charged against them.
The cash bonds posted by all the aforesaid accused to obtain their provisional liberty are hereby ordered returned to them, subject to the usual accounting and auditing procedures.
The Hold Departure Order issued against the same accused are likewise ordered lifted.
There can be no pronouncement as to civil liability as the facts from which the same might arise were not proven in the case at bar.
SO ORDERED.[4]
I
THE COURT A QUO ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR IN EXCESS OF ITS JURISDICTION WHEN IT DISREGARDED THE MANDATORY PROVISIONS OF PRESIDENTIAL DECREE (PD) NO. 1594 AND SUPPLIED A DEFENSE NOT INVOKED BY RESPONDENTS AND ANCHORED ITS DECISION ON POSSIBILITIES, MERE ASSUMPTION OR CONJECTURE RATHER THAN ON FACTS ESTABLISHED BY EVIDENCE ON RECORD, THEREBY VIOLATING PETITIONER'S FUNDAMENTAL RIGHT TO DUE PROCESS OF LAW.II
THE COURT A QUO ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR IN EXCESS OF ITS JURISDICTION WHEN IT IGNORED THE EVIDENCE ADDUCED BY THE PETITIONER AND DECLARED THAT THE PETITIONER FAILED TO PRESENT ANY EVIDENCE TO PROVE THAT SAID RESPONDENTS VIOLATED THE PROVISIONS OF SECTION 3(e) OF R.A. 3019.[5]
x x x it is clear in this jurisdiction that after trial on the merits, an acquittal is immediately final and cannot be appealed on the ground of double jeopardy. The only exception where double jeopardy cannot be invoked is where there is a finding of mistrial resulting in a denial of due process.x x x x
x x x Certiorari will not be issued to cure errors by the trial court in its appreciation of the evidence of the parties, and its conclusions anchored on the said findings and its conclusions of law.[7]
It is a fundamental aphorism in law that a review of facts and evidence is not the province of the extraordinary remedy of certiorari, which is extra ordinem - beyond the ambit of appeal. In certiorari proceedings, judicial review does not go as far as to examine and assess the evidence of the parties and to weigh the probative value thereof. It does not include an inquiry as to the correctness of the evaluation of evidence. Any error committed in the evaluation of evidence is merely an error of judgment that cannot be remedied by certiorari. An error of judgment is one which the court may commit in the exercise of its jurisdiction. An error of jurisdiction is one where the act complained of was issued by the court without or in excess of jurisdiction, or with grave abuse of discretion, which is tantamount to lack or in excess of jurisdiction and which error is correctible only by the extraordinary writ of certiorari. Certiorari will not be issued to cure errors of the trial court in its appreciation of the evidence of the parties, or its conclusions anchored on the said findings and its conclusions of law. It is not for this Court to re-examine conflicting evidence, re-evaluate the credibility of the witnesses or substitute the findings of fact of the court a quo. (Emphasis supplied.)[9]