108 OG No. 1, 1 (January 2, 2012) : 657 Phil. 500
This is to certify that pursuant to the provisions of R.A. 7160, otherwise known as the Local Government Code of 1991, all restrictions/requirements relative to creation of positions, hiring and issuance of appointments, Section 325 on the limitations for personal services in the total/supplemental appropriation of a local government unit; salary rates; abolition and creation of positions, etc.; Section 76, organizational structure and staffing pattern; Section 79 on nepotism; Section 80, posting of vacancy and personnel selection board; Section 81 on compensation, etc. have been duly complied with in the issuance of this appointment.The above certification was signed by Ong and HR Officer-Designate Editha C. Garcia.
This is to certify further that the faithful observance of these restrictions/requirements was made in accordance with the requirements of the Civil Service Commission before the appointment was submitted for review and action.[8] (Emphasis supplied.)
Criminal Case No. 26181Under the Joint Stipulation of Facts submitted to the court a quo, the accused made the following admissions: (1) Ong was the Municipal Mayor of Cebu at all times relevant to these cases; (2) Ong is related to Galeos, within the fourth degree of consanguinity as his mother is the sister of Galeos' mother, and to Rivera within the fourth degree of affinity as his mother is the sister of the mother of Rivera's wife; and (3) Galeos and Rivera were employed as Construction and Maintenance Man and Plumber I, respectively, in the Municipal Government of Naga, Cebu at all times relevant to these cases. Ong likewise admitted the genuineness and due execution of the documentary exhibits presented by the prosecutor (copies of SALNs and Certification dated June 1, 1994) except for Exhibit "H" (Certification dated June 1, 1994 offered by the prosecution as "allegedly supporting the appointment of Rosalio S. Galeos"[12]).[13]
That on or about the 14th day of February, 1994, in the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Rosalio S. Galeos] accused, public officers, being the former Municipal Mayor and Construction and Maintenance Man of the Office of the Municipal Engineer, Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, conniving and confederating together and mutually helping with each other, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn Statement of Assets and Liabilities, Disclosure of Business Interests and Financial Connections and Identification of Relatives In the Government Service, as of December 31, 1993, filed by accused Rosalio S. Galeos and subscribed and sworn to before accused Paulino S. Ong, wherein accused made it appear therein that they are not related within the fourth degree of consanguinity or affinity thereby making untruthful statements in a narration of facts, when in truth and in fact, accused very well k[n]ew that they are related with each other, since accused Rosalio S. Galeos is related to accused Paulino S. Ong within the fourth degree of consanguinity, the mother of accused Rosalio S. Galeos [being] the sister of the mother of accused Paulino S. Ong.
CONTRARY TO LAW. (Emphasis supplied.)
Criminal Case No. 26182
That on or about the 15th day of February 1994, in the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Federico T. Rivera] accused, public officers, being the former Municipal Mayor and Plumber I of the Office of the Municipal Engineer, Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, conniving and confederating together and mutually helping with each other, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn Statement of Assets and Liabilities, Disclosure of Business Interests and Financial Connections and Identification of Relatives In the Government Service as of December 31, 1993, filed by accused Federico T. Rivera and subscribed and sworn to before accused Paulino S. Ong, wherein accused Federico T. Rivera made it appear therein that he has no relatives within the fourth degree of consanguinity or affinity working in the government, thereby making untruthful statements in a narration of facts, when in truth and in fact, as accused very well knew that they are related with each other, since accused Federico T. Rivera is related to accused Paulino S. Ong within the fourth degree of affinity, the mother of Federico T. Rivera's wife being the sister of the mother of Paulino S. Ong.
CONTRARY TO LAW. (Emphasis supplied.)
Criminal Case No. 26183
That on or about the 1st day of February, 1996, in the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Rosalio S. Galeos] accused, public officers, being the former Municipal Mayor and Construction and Maintenance Man of the Office of the Municipal Engineer, Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, conniving and confederating together and mutually helping with each other, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn Statement of Assets and Liabilities, Disclosure of Business Interests and Financial Connections and Identification of Relatives In the Government Service, as of December 31, 1995, filed by accused Rosalio S. Galeos and subscribed and sworn to before accused Paulino S. Ong, wherein accused made it appear therein that they are not related within the fourth degree of consanguinity or affinity thereby making false statements in a narration of facts, when in truth and in fact, as accused very well k[n]ew that they are related with each other, since accused Rosalio S. Galeos is related to accused Paulino S. Ong within the fourth degree of consanguinity, the mother of accused Rosalio S. Galeos being the sister of the mother of accused Paulino S. Ong.
CONTRARY TO LAW. (Emphasis supplied.)
Criminal Case No. 26184
That on or about the 1st day of February 1996, in the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Federico T. Rivera] accused, public officers, being the former Municipal Mayor and Plumber I of the Office of the Municipal Engineer, Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, conniving and confederating together and mutually helping with each other, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn Statement of Assets and Liabilities, Disclosure of Business Interests and Financial Connections and Identification of Relatives In The Government Service, [a]s of December 31, 1995, filed by accused Federico T. Rivera and subscribed and sworn to before accused Paulino S. Ong, wherein accused Federico T. Rivera made it appear therein that he has no relatives within the fourth degree of consanguinity or affinity working in the government, thereby making untruthful statements in a narration of facts, when in truth and in fact, as accused very well knew that they are related with each other, since accused Federico T. Rivera is related to accused Paulino S. Ong within the fourth degree of affinity, the mother of Federico T. Rivera's wife being the sister of the mother of Paulino S. Ong.
CONTRARY TO LAW. (Emphasis supplied.)
Criminal Case No. 26185
That on or about the 5th day of February 1997, in the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Federico T. Rivera] accused, public officers, being the former Municipal Mayor and Plumber I of the Office of the Municipal Engineer, Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, conniving and confederating together and mutually helping with each other, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn Statement of Assets and Liabilities, Disclosure of Business Interests and Financial Connections and Identification of Relatives In The Government Service, [a]s of December 31, 1996, filed by accused Federico T. Rivera and subscribed and sworn to before accused Paulino S. Ong, wherein accused Federico T. Rivera made it appear therein that he has no relatives within the fourth degree of consanguinity or affinity working in the government, thereby making untruthful statements in a narration of facts, when in truth and in fact, as accused very well knew that they are related with each other, since accused Federico T. Rivera is related to accused Paulino S. Ong within the fourth degree of affinity, the mother of Federico T. Rivera's wife being the sister of the mother of Paulino S. Ong.
CONTRARY TO LAW. (Emphasis supplied.)
Criminal Case No. 26186
That on or about the 3rd day of March, 1995, in the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Rosalio S. Galeos] accused, public officers, being the former Municipal Mayor and Construction and Maintenance Man of the Office of the Municipal Engineer, Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, conniving and confederating together and mutually helping with each other, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn Statement of Assets and Liabilities, Disclosure of Business Interests and Financial Connections and Identification of Relatives In the Government Services, as of December 31, 1994, filed by accused Rosalio S. Galeos and subscribed and sworn to before accused Paulino S. Ong, wherein accused made it appear therein that they are not related within the fourth degree of consanguinity or affinity thereby making untruthful statements in a narration of facts, when in truth and in fact, as accused very well k[n]ew that they are related with each other, since accused Rosalio S. Galeos is related to accused Paulino S. Ong, within the fourth degree of consanguinity, the mother of accused Rosalio S. Galeos being the sister of the mother of accused Paulino S. Ong.
CONTRARY TO LAW. (Emphasis supplied.)
Criminal Case No. 26187
That on or about the 11th day of March, 1997, in the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named [Paulino S. Ong and Rosalio S. Galeos] accused, public officers, being the former Municipal Mayor and Construction and Maintenance Man of the Office of the Municipal Engineer, Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, conniving and confederating, together and mutually helping with each other, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Sworn Statement of Assets and Liabilities, Disclosure of Business Interests and Financial Connections and Identification of Relatives In the Government Service, as of December 31, 1996, filed by accused Rosalio S. Galeos and subscribed and sworn to before accused Paulino S. Ong, wherein accused made it appear therein that they are not related within the fourth degree of consanguinity or affinity thereby making untruthful statements in a narration of facts, when in truth and in fact, as accused very well k[n]ew that they are related with each other, since accused Rosalio S. Galeos is related to accused Paulino S. Ong within the fourth degree of consanguinity, the mother of accused Rosalio S. Galeos being the sister of the mother of accused Paulino S. Ong.
CONTRARY TO LAW. (Emphasis supplied.)
Criminal Case No. 26188
That on or about the 1st day of June, 1994, at the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named accused, a public officer, being the former Mayor of the Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Certification in the form of a letter addressed to Mrs. Benita O. Santos, then Regional Director of the Civil Service Commission (CSC)-Region VII, Cebu City dated June 1, 1994, a requirement in the approval of an appointment, certifying therein that there was a faithful compliance of the requirement/restriction provided under the Civil Service Laws and Rules in the appointment of Rosalio S. Galeos, as Construction and Maintenance Man of the Office of the Municipal Engineer, Naga, Cebu, thereby making untruthful statements in a narration of facts, when in truth and in fact as accused very well knew that the appointment of Rosalio S. Galeos was nepotic being made in violation of the Civil Service Rules and Laws on Nepotism, as Rosalio S. Galeos is related to accused within the fourth degree of consanguinity, since the mother of Rosalio S. Galeos is the sister of the mother of accused, which Certification caused the approval of the appointment of Rosalio S. Galeos, to the detriment of public interest.
CONTRARY TO LAW. (Emphasis supplied.)
Criminal Case No. 26189
That on or about the 1st day of June, 1994, at the Municipality of Naga, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named accused, a public officer, being the former Mayor of the Municipality of Naga, Cebu, in such capacity and committing the offense in relation to office, with deliberate intent, with intent to falsify, did then and there willfully, unlawfully and feloniously falsify a public document, consisting of a Certification in the form of a letter addressed to Mrs. Benita O. Santos, then Regional Director of the Civil Service Commission (CSC), Region VII, Cebu City, dated June 1, 1994, a requirement in the approval of an appointment, certifying therein that there was a faithful compliance of the requirement/restriction provided under the Civil Service Laws and Rules in the appointment of Federico T. Rivera, a Plumber I of the Office of the Municipal Engineer, Naga, Cebu, thereby making untruthful statements in a narration of facts, when in truth and in fact as accused very well knew that the appointment of Federico T. Rivera was nepotic being made in violation of the Civil Service Rules and Laws on Nepotism, as Federico T. Rivera is related to accused within the fourth degree of affinity, since the mother of Federico T. Rivera's wife is the sister of the mother of accused, which certification caused the approval of the appointment of Federico T. Rivera, to the detriment of public interest.
CONTRARY TO LAW. (Emphasis supplied.)
WHEREFORE, judgment is hereby rendered on the following:In its Resolution[21] dated August 28, 2006, the Sandiganbayan denied the motions for reconsideration of Ong and Galeos. However, in view of the death of Rivera on August 22, 2003 before the promulgation of the decision, the cases (Criminal Case Nos. 26182, 26184 and 26185) against him were dismissed.
In Criminal Case No. 26181, judgment is hereby rendered finding accused Paulino S. Ong and Rosalio S. Galeos GUILTY beyond reasonable doubt of the crime of Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal Code and, there being no modifying circumstances, are hereby sentenced to each suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS and ONE (1) DAY OF Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to each pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
In Criminal Case No. 26182, judgment is hereby rendered finding accused Paulino S. Ong and Federico T. Rivera GUILTY beyond reasonable doubt of the crime of Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal Code and, there being no modifying circumstances, are hereby sentenced to each suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS and ONE (1) DAY OF Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to each pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
In Criminal Case No. 26183, judgment is hereby rendered finding accused Paulino S. Ong and Rosalio S. Galeos GUILTY beyond reasonable doubt of the crime of Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal Code and, there being no modifying circumstances, are hereby sentenced to each suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS and ONE (1) DAY OF Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to each pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
In Criminal Case No. 26184, judgment is hereby rendered finding accused Paulino S. Ong and Federico T. Rivera GUILTY beyond reasonable doubt of the crime of Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal Code and, there being no modifying circumstances, are hereby sentenced to each suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS and ONE (1) DAY OF Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to each pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
In Criminal Case No. 26185, judgment is hereby rendered finding accused Paulino S. Ong and Federico T. Rivera GUILTY beyond reasonable doubt of the crime of Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal Code and, there being no modifying circumstances, are hereby sentenced to each suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS and ONE (1) DAY OF Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to each pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
In Criminal Case No. 26186, judgment is hereby rendered finding accused Paulino S. Ong and Rosalio S. Galeos GUILTY beyond reasonable doubt of the crime of Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal Code and, there being no modifying circumstances, are hereby sentenced to each suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS and ONE (1) DAY OF Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to each pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
In Criminal Case No. 26187, judgment is hereby rendered finding accused Paulino S. Ong and Rosalio S. Galeos GUILTY beyond reasonable doubt of the crime of Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal Code and, there being no modifying circumstances, are hereby sentenced to each suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS, and ONE (1) DAY OF Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to each pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
In Criminal Case No. 26188, judgment is hereby rendered finding accused Paulino S. Ong NOT GUILTY for Violation of Article 171 of the Revised Penal Code for failure of the Prosecution to prove his guilt beyond reasonable doubt; and
In Criminal Case No. 26189, judgment is hereby rendered finding accused Paulino S. Ong GUILTY beyond reasonable doubt for Falsification of Public Document as defined in and penalized by Article 171 of the Revised Penal Code and, there being no modifying circumstances, is hereby sentenced to suffer an indeterminate penalty of imprisonment from TWO (2) YEARS, FOUR (4) MONTHS and ONE (1) DAY of Prision Correccional medium as the minimum penalty to EIGHT (8) YEARS and ONE (1) DAY of Prision Mayor medium as the maximum penalty and to pay a FINE of FIVE THOUSAND PESOS (P5,000.00).
SO ORDERED.[20]
1) . . . IT HELD THAT THE SUBJECT DOCUMENTARY EVIDENCE CONTAINED UNTRUTHFUL STATEMENTS IN A NARRATION OF FACTS.In support of his assigned errors, Galeos argues that he did not make untruthful or false statements in his SALN since a "statement" requires a positive averment and thus silence or non-disclosure cannot be considered one. And even if they are considered statements, Galeos contends that they were not made in a "narration of facts" and the least they could be considered are "conclusions of law." He also argues that the prosecution failed to adduce any evidence to support the finding that he was aware of their relationship at the time of the execution of the SALN. With the presence of good faith, Galeos avers that the fourth element of the crime - the perversion of truth in the narration of facts was made with the wrongful intent of injuring a third person - is missing. He also faults the Sandiganbayan for its heavy reliance on the uncorroborated testimony of the prosecution's sole witness despite the fact that there are aspects in his testimony that do not inspire belief.
2) . . . IT DID NOT CONSIDER PETITIONER'S VALID DEFENSE OF GOOD FAITH AND LACK OF INTENT TO COMMIT THE CRIMES IMPUTED.
3) . . . IT GAVE FULL CREDENCE TO THE TESTIMONY OF THE SOLE WITNESS FOR THE PROSECUTION.[22]
Ong similarly argues that the subject SALN do not contain any untruthful statements containing a narration of facts and that there was no wrongful intent of injuring a third person at the time of the execution of the documents. He contends that he cannot be held liable for falsification for merely administering the oath in a document since it is not among the legal obligations of an officer administering the oath to certify the truthfulness and/or veracity of the contents of the document. Neither can he be made liable for falsification regarding the letter-certification he issued since there was no evidence adduced that it was made to support Rivera's appointment.(a)
. . . IT HELD THAT THE SUBJECT DOCUMENTARY EVIDENCE CONTAINED UNTRUTHFUL STATEMENTS IN A NARRATION OF FACTS.(b)
IN CRIMINAL CASES NOS. 26181-26187, [IT HELD] THAT A PERSON MERELY ADMINISTERING THE OATH IN A DOCUMENT IS GUILTY OF THE CRIME OF FALSIFICATION BY MAKING UNTRUTHFUL STATEMENTS IN A NARRATION OF FACTS.(c)
. . . IN CRIMINAL CASE NO. 26189, ... IT INFER[R]ED, DESPITE THE COMPLETE ABSENCE OF ANY RELEVANT AND MATERIAL EVIDENCE, THAT RESPONDENT'S EXHIBIT "I" (OR PETITIONER'S EXHIBIT "8") REFERS TO OR SUPPORTS THE APPOINTMENT OF FEDERICO T. RIVERA.[23]
Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. -- The penalty of prision mayor and a fine not to exceed 5,000 pesos shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts:The elements of falsification in the above provision are as follows: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;
x x x x (Emphasis and italics supplied.)
(a) the offender makes in a public document untruthful statements in a narration of facts;In addition to the afore-cited elements, it must also be proven that the public officer or employee had taken advantage of his official position in making the falsification. In falsification of public document, the offender is considered to have taken advantage of his official position when (1) he has the duty to make or prepare or otherwise to intervene in the preparation of a document; or (2) he has the official custody of the document which he falsifies.[27] Likewise, in falsification of public or official documents, it is not necessary that there be present the idea of gain or the intent to injure a third person because in the falsification of a public document, what is punished is the violation of the public faith and the destruction of the truth as therein solemnly proclaimed.[28]
(b) he has a legal obligation to disclose the truth of the facts narrated by him; and
(c) the facts narrated by him are absolutely false.[26]
No person shall be appointed in the local government career service if he is related within the fourth civil degree of consanguinity or affinity to the appointing power or recommending authority.Section 7 (e), Rule V of the Implementing Rules of Book V, Executive Order No. 292 otherwise known as the Administrative Code of 1987, provides that the CSC shall disapprove the appointment of a person who "has been issued such appointment in violation of existing Civil Service Law, rules and regulations." Among the prohibited appointments enumerated in CSC Memorandum Circular No. 38, series of 1993 are appointments in the LGUs of persons who are related to the appointing or recommending authority within the fourth civil degree of consanguinity.[35]
SEC. 9. No appointment in the national, provincial, city or municipal governments or any branch or instrumentality thereof, including government owned or controlled corporations with original charters shall be made in favor of a relative of the appointing or recommending authority, or of the chief of the bureau or office or of the person exercising immediate supervision over the appointee.The second element is likewise present. "Legal obligation" means that there is a law requiring the disclosure of the truth of the facts narrated.[36] Permanent employees employed by local government units are required to file the following: (a) sworn statement of assets, liabilities and net worth (SALN); (b) lists of relatives within the fourth civil degree of consanguinity or affinity in government service; (c) financial and business interests; and (d) personal data sheets as required by law.[37] A similar requirement is imposed by Section 8 (B) of Republic Act No. 6713 otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, thus:
Unless otherwise provided by law, the word "relative" and the members of the family referred to are those related within the third degree either of consanguinity or of affinity.
In the local government career service, the prohibition extends to the relatives of the appointing or recommending authority, within the fourth civil degree of consanguinity or affinity.
x x x x
The nepotism rule covers all kinds of appointments whether original, promotional, transfer and reemployment regardless of status including casuals and contractuals except consultants. (Emphasis supplied.)
(B) Identification and disclosure of relatives[38]. - It shall be the duty of every public official or employee to identify and disclose to the best of his knowledge and information, his relatives in the Government in the form, manner and frequency prescribed by the Civil Service Commission.Section 11 of the same law penalizes the violation of the above provision, either with imprisonment or fine, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office. Such violation if proven in a proper administrative proceeding shall also be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution is instituted against him.
Nepotism is one pernicious evil impeding the civil service and the efficiency of its personnel. In Debulgado, we stressed that "[T]the basic purpose or objective of the prohibition against nepotism also strongly indicates that the prohibition was intended to be a comprehensive one." "The Court was unwilling to restrict and limit the scope of the prohibition which is textually very broad and comprehensive." If not within the exceptions, it is a form of corruption that must be nipped in the bud or abated whenever or wherever it raises its ugly head. As we said in an earlier case "what we need now is not only to punish the wrongdoers or reward the `outstanding' civil servants, but also to plug the hidden gaps and potholes of corruption as well as to insist on strict compliance with existing legal procedures in order to abate any occasion for graft or circumvention of the law."[43] (Emphasis supplied.)The prosecution having established with moral certainty the guilt of petitioners for falsification of public documents under Article 171 (4) of the Revised Penal Code, as amended, we find no legal ground to reverse petitioners' conviction.