Official Gazette REPUBLIC OF THE PHILIPPINES EDITED AT THE OFFICE OF THE PRESIDENT OF THE PHILIPPINES PURSUANT TO SUBSCRIPTION RATES EFFECTIVE JANUARY 1, 2007 Subscription rates are for issues of the current year and the year immediately preceding. All other prior issues can be purchased as back numbers. Subscriptions are payable strictly in advance by certified check, manager's/cashier's check, official check, draft, PPC Postal Money Order, or cash in Philippine or United States currency and remitted to the National Printing Office by registered mail. Personal checks are not accepted in payment for subscription or publication fee. All letters and payments of subscription should be addressed to the Director of National Printing Office. Claims for missing numbers must be made immediately upon receipt of the following number. RATES OF PUBLICATION EFFECTIVE JANUARY 1, 2007 1. Notice of Hearing in Land Registration cases in one publication: a. For one lot b. For every additional lot 2. Bureau of Lands Notices in six publications: a. For Lease of Public Lands (one lot) P1,329.10 423.45 P2,902.50 b. For Sale of Public Lands (one lot) 2,418.45 c. For every additional lot leased or sold 1,025.60 3. All other publication of legal notices, patents, copyrights, invitation to bid, notices of application in mining leases, notices of application with the Board of Investments and other similar notices of advertisement: Official Gazette REPUBLIC OF THE PHILIPPINES EDITED AT THE OFFICE OF THE PRESIDENT OF THE PHILIPPINES PURSUANT TO OFFICIAL GAZETTE back cover 052034-1 MGA HATOL NG KATAAS-TAASANG HUKUMAN [DECISIONS OF THE SUPREME COURT] ATTY. EDNA BILOG CAMBA [G.R. Nos. 174730-37. February 09, 2011] THIRD DIVISION ROSALIO S. GALEOS, Petitioner vs. PEOPLE OF THE PHILIPPINES, Respondent. [G.R. Nos. 1747845-52.February 09, 2011] PAULINO S. ONG, Petitioner vs. PEOPLE OF THE PHILIPPINES, Respondent. SYLLABUS Of the Ruling of the Court 1. CRIMINAL LAW; REVISED PENAL CODE; FALSIFICATION OF PUBLIC DOCUMENT; ELEMENTS. - The elements of falsification [under Article 171, paragraph 4 of the Revised Penal Code] are as follows: (a) the offender makes in a public document untruthful statements in a narration of facts; (b) he has a legal obligation to disclose the truth of 3. ID.; ID.; ID,; ID,; INFORMATION ON WHETHER A GOVERNMENT EMPLOYEE HAS RELATIVES IN THE GOVERNMENT SERVICE QUALIFIES AS A NARRATION OF FACTS.-The question of whether or not persons are related to each other by consanguinity or affinity within the fourth degree is one of fact. Contrary to petitioners' assertion, statements concerning relationship may be proved as to its truth or falsity, and thus do not amount to expression of opinion. When a government employee is required to disclose his relatives in the government service, such information elicited therefore qualifies as a narration of facts contemplated under Article 171 (4) of the Revised Penal Code, as amended. Further, it bears to stress that the untruthful statements on relationship have no relevance to the employee's eligibility for the position but pertains rather to prohibition or restriction imposed by law on the appointing power. the facts narrated by him; and (c) the facts 4. ID.; ID.; ID,; ID; D.; WITHHOLDING narrated by him are absolutely false. 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. 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. 2. ID.; ID.; ID,; ID,; CONCLUSION OF LAW AND NARRATION OF FACTS, DISTINGUISHED. - A conclusion of law is a determination by a judge or ruling authority regarding the law that applies in a particular case. It is opposed to a finding of fact, which interprets the factual circumstances to which the law is to be applied. A narration of facts is merely an account or description of the particulars of an event or occurrence. INFORMATION ON RELATIVES IN THE GOVERNMENT SERVICE IN THE STATEMENT OF ASSETS, LIABILITIES, AND NET WORTH (SALN) CONSTITUTES FALSIFICATION OF PUBLIC DOCUMENTS; REASON. Since petitioner Galeos answered "No" to the question in his 1993 SALN if he has relatives in the government service within the fourth degree of consanguinity, he made an untruthful statement therein as in fact he was related to Ong, who was then the municipal mayor, within the fourth degree of consanguinity, he and Ong being first cousins (their mothers are sisters). As to his 1994, 1995 and 1996 SALN, Galeos left in blank the boxes for the answer to the similar query. In Dela Cruz v. Mudlong, it was held that is guilty of falsification in the accomplishment of his information and personal data sheet if he withholds material facts which would have affected the approval of his appointment and/or promotion to a government position. By withholding information on his relative/s in the government service as required in the SALN, Galeos was guilty of falsification considering that the disclosure of such relationship with then Municipal Mayor Ong would have resulted in the disapproval of his permanent appointment pursuant to Article 168 (j) (Appointments), one |