[G.R. No. 52341-46.
PREGIADO vs. SANDIGANBAYAN
EN BANC
Quoted hereunder, for your information, is a resolution of this Court dated MAR 23 2004.
G.R. No. 52341-46 (Delia Pregiado, et al., vs. Sandiganbayan and People of the
Before us are the Manifestations dated February 12 AND 23, 2004, filed by Atty. Estela Teresita C. Rosete, Executive Clerk of Court III, First Division, Sandiganbayan, in compliance with the Resolution dated January 20, 2004 requiring her to produce the documentary exhibits in Criminal Cases Nos. 195-200 as listed in the said Resolution.
In her first Manifestation, she informs the Court that she was able to locate from another Division of the Sandiganbayan some of the exhibits, attaching a list marked as Annex "A", and asked for an extension of time to locate the other documents.
In her second Manifestation, she states that she had gone to the Judicial Records Office(JRO) of this Court and obtained from the records of the case the descriptions of the documentary exhibits in Criminal Cases Nos. 195-200; that she had gone over the exhibits in her possession as well as those pertaining to other cases which might be related to these cases, both in the Archives and in the active dockets of the other Divisions of the Sandiganbayan; that some of the needed exhibits were found in the Third Division of the Sandiganbayan where the original markings thereon had been erased and new ones were made on them as follows:
|
Exhibit No |
New Markings |
Short description |
|
C |
HH Series |
General Voucher B-77 |
|
C-1 |
|
Receipt dated |
|
C-2 |
|
Delivery Receipt |
|
C-3 |
|
Delivery Receipt |
|
C-4 |
|
Delivery Receipt |
|
C-5 |
|
COA Report of Inspection |
|
C-6 |
|
Request for Inspection |
|
C-7 |
|
Requisition for Supply and Equipment |
|
C-8 |
|
Purchase Order |
|
C-9 |
|
Program of Work |
|
C-10 |
|
Detailed Estimates |
|
C-11 |
|
ROA |
|
C-12 |
|
Bunch of Delivery Receipts |
|
C-13 |
|
Bunch of Deli very Receipts |
|
C-14 |
|
Check (erroneously described as Delivery Receipt in the offer) |
|
D |
II series |
General Voucher |
|
D-1 |
|
Official Receipt |
|
D-2 |
|
Delivery Receipt |
|
D-3 |
|
Delivery Receipt |
|
D-4 |
|
Delivery Receipt |
|
D-5 |
|
Record of Inspection |
|
D-6 |
|
Request for Inspection |
|
D-7 |
|
Taxpayer's Certificate |
|
D-8 |
|
Requisition for Supplies and Equipment |
|
D-9 |
|
Program of Work |
|
D-10 |
|
Detailed Estimates |
|
D-11 |
|
Request for sealed quotation |
|
D-12 |
|
Abstract of sealed quotation |
|
D-13 |
|
Purchase Order |
|
D-14 |
|
Worksheet for Liquid Plastic Limit Test |
|
D-15 |
|
Worksheet for Sieve Analysis (erroneously described as Delivery
Receipt in the offer) |
|
D-16 |
|
Bunch of Delivery Receipts |
|
D-17 |
|
Bunch of Delivery Receipts |
|
D-18 |
|
Check |
|
E |
JJ series |
General Voucher |
|
E-1 |
|
Official Receipt |
|
E-2 |
|
Record of Inspection |
|
E-3 |
|
Requisition for Supplies and Equipment |
|
E-4 |
|
Program of Work |
|
E-5 |
|
Detailed Estimates (erroneously described as Program of Work in
the offer) |
|
E-6 |
|
Bunch of Delivery Receipts |
|
E-7 |
|
Bunch of Delivery Receipts |
|
E-8 |
|
Check (erroneously described as Delivery Receipt in the offer) |
|
E-9 |
|
Delivery Receipt |
|
E-10 |
|
Delivery Receipt |
|
E-11 |
|
Delivery Receipt |
|
F |
KK series |
General Voucher |
|
F-1 |
|
Official Receipt |
|
F-2 |
|
Request for Obligation of Allotment |
|
F-3 |
|
Program of Work |
|
F-4 |
|
Requisition for Supplies and Equipment |
|
F-5 |
|
Detailed Estimates |
|
F-6 |
|
Purchase Order (erroneously described as Contract in the offer) |
|
F-7 |
|
Record of Inspection |
|
F-8 |
|
Taxpayer's Certificate |
|
F-9 |
|
Taxpayer's Certificate |
|
F-10 |
|
Tax Clearance |
|
F-11 |
|
Bunch of Delivery Receipts |
|
F-12 |
|
Bunch of Delivery Receipts |
|
F-13 |
|
Check |
|
G |
LL series |
General Voucher |
|
G-1 |
|
Official Receipt |
|
G-2 |
|
Report of Inspection |
|
G-3 |
|
Record of Inspection |
|
G-4 |
|
Taxpayer's Certificate |
|
G-5 |
|
Requisition for Supplies and Equipment |
|
G-6 |
|
Request for Obligation and Allotment |
|
G-7 |
|
Program of Work |
|
G-8 |
|
Detailed Estimates |
|
G-9 |
|
Request for Sealed Quotation |
|
G-10 |
|
Abstract of Sealed Quotation |
|
G-11 |
|
Tax Clearance Certificate |
|
G-12 |
|
Bunch of Delivery Receipts |
|
G-13 |
|
Bunch of Delivery Receipts |
|
G-14 |
|
Check |
|
G-15 |
|
Delivery Receipt |
|
G-16 |
|
Delivery Receipt |
|
G-17 |
|
Delivery Receipt |
|
G-18 |
|
Delivery Receipt |
|
G-19 |
|
Delivery Receipt |
|
G-20 |
|
Delivery Receipt |
|
G-21 |
|
Delivery Receipt |
|
G-22 and G-22-a |
|
Letter with sub-marking |
|
H |
MM series |
General Voucher |
|
H-1 |
|
Official Receipt |
|
H-2 |
|
Record of Inspection |
|
H-3 |
|
Request for Supplies and Equipment |
|
H-4 |
|
Program of Work (erroneously described as Detailed Estimates in
the offer) |
|
H-5 |
|
Detailed Estimates |
|
H-6 |
|
Abstract of Sealed Quotation |
|
H-7 |
|
Bunch of Delivery Receipts |
|
H-8 |
|
Bunch of Delivery Receipts |
|
H-9 |
|
Check |
|
H-10 |
|
Delivery Receipt |
|
H-11 |
|
Delivery Receipt |
|
H-12 |
|
Delivery Receipt |
|
Q |
N series |
Executive Order No. 40 (described as Public Law in the offer) |
|
Q-1 |
|
Executive Order No. 298 (described as Public Law in the offer) |
|
Q-2 |
|
COA Circular No. 76-41 (described as
Provision Against Splitting in the offer) |
|
Q-3 |
|
Circular No. 78-84 |
|
R |
O |
Telegram (described as Special Order in the offer) |
|
S, S-1 & S-2 |
P series |
NBI Report (described as Letter in the
offer) |
|
T |
Q |
Joint Affidavit |
|
T-1 |
|
Testimony of Victoria Quejada |
|
U to U-8 |
R |
Sworn Statement of Cornell |
|
W, W-1 to W-3 |
S |
Statement of Filipinas Evardo |
|
CC, CC-1, CC-5, CC-6 |
T series |
Sworn Statement of Bulac and the
supplement thereto Passbook |
|
DD, DD-1 to DD-3 |
U |
Sworn Statement of Castro |
|
EE and EE-1, E-5 to E-7 |
V&V-1 |
Sworn Statement of Ausa; and the
supplement thereto |
|
II |
W |
Sworn Statement of Polestico |
|
KK, KK-1 & KK-2 |
Y |
Sworn Statement of Pineda |
|
LL |
Z |
Sworn Statement of Co |
|
MM and MM-1 |
AA |
Sworn Statement of Apalisok |
|
NN and NN-1 |
BB |
Sworn Statement of Silagan |
|
OO and OO-1 |
CC & CC-1 |
Sworn Statement of Macalinao |
|
PP and PP-1 |
DD |
Sworn Statement of Barol |
|
QQ and QQ-1 |
EE |
Sworn Statement of Mercado |
|
RR |
FF |
Sworn Statement of Sandulan |
|
SS |
GG |
List of National Roads m |
|
YY, YY-1 to YY-3 |
|
Trial Balance (20 sheets) |
that she had already submitted these
exhibits to the JRO of this Court on
|
Exhibit No. |
Brief Description |
|
A |
Receipt for P8.500.00 dated |
|
A-1 |
Receipt for P4,686 dated |
|
B |
Appointment of Pelayre |
|
B-1 |
Appointment of Lopena |
|
B-2 |
Appointment of de Villa |
|
B-3 |
Appointment of Cornell |
|
G-22 |
Letter of Lopena to Castillo |
|
G-2 (sic)-a |
p. 2 of Exhibit No. G-22 |
|
I |
Designation of Bagasao |
|
I-1 |
Oath of office of Bagasao |
|
J |
Appointment of Mangubat |
|
K |
Appointment of Preagido |
|
L |
Appointment of Sayson |
|
M |
Appointment of Castillo |
|
M-1 |
Oath of office of Castillo |
|
N |
Appointment of Rasonabe |
|
O |
Appointment of Recamadas |
|
P, P-1 to P-11 |
Letter-report |
|
V, V-1 to V-6 |
Sworn Statement of Pelayre |
|
V-7 |
Bank book |
|
X, X-1 to X-4 |
Sworn Statement of Lopena |
|
X-5 |
Passbook |
|
Y, Y-1 to Y-4 |
Statement of Recamadas |
|
Z |
Letter of Bagasao |
|
AA |
Letter of Atty. Alerre |
|
BB |
Letter of Atty. Alerre |
|
DD-5 to DD-6 |
Statistical data of materials extracted from Dampas
quarry |
|
FF |
Sworn statement of Bompat |
|
GG & GG-1 |
Sworn statement of V. Tan |
|
HH & HH-1 |
Sworn statement of J. Tan |
|
JJ&JJ-1 |
Sworn statement of Butalid |
|
1-6 |
(exhibits offered by Delia Preagido) |
She prays that her Manifestation be noted and deemed sufficient compliance with the Resolution issued by the Court.
A perusal of the list of unlocated exhibits would show that some of the exhibits pertained to the appointments and oaths of office of the accused in Criminal Cases Nos. 195-200 which were not disputed; and sworn statements of the accused and witnesses which were taken up as part of their testimonies during the trial in the Sandiganbayan. Thus, with the exceptions of Exhibits "A" and "A-1",1 Exhibits "G-22" and "G-22-a",2 Exhibits "P", "P-1" to "P-11",3 and Exhibits "DD-5" to "DD-6",4 the rest of the unlocated exhibits could be dispensed with.
As to the unlocated documentary
exhibits submitted by petitioner Delia Preagido, the
Court cannot fully ascertain the same considering that page 215 of the
transcript of stenographic notes dated
WHEREFORE, the Manifestations dated February 12 and 23, 2004, filed by Atty. Estela Teresita C. Rosete, Executive Clerk of Court III, First Division of the Sandiganbayan are NOTED.
The Solicitor General is directed to submit within 10 days from receipt hereof certified copies of Exhibits "A" and "A-l", Exhibits "G-22" and "G-22-a", Exhibits "P", "P-1" to "P-11", and Exhibits "DD-5" to "DD-6" described in the text of herein Resolution; and furnish petitioners copies thereof.
Attys. Geronimo R. Creer, Jr. and Lloyd A. Limbaga, respective counsels of petitioners Delia Preagido and Ulrico Bolotaulo, are likewise directed within the same period of time, to submit copies of the documentary exhibits which were offered and marked for the petitioners, each to furnish the Solicitor General, copies thereof within the same period of time.
Parties are required to file their respective comments or oppositions to the exhibits submitted to the Court within 10 days from receipt of copies of the exhibits.
In the event that they could not submit the required exhibits, parties are directed to manifest before the Court whether they are willing to dispense with the said exhibits and to submit the above-entitled cases for resolution of the Court on the basis of the evidence already with the Court.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
By:
(Sgd.) MA. LUISA D.
VILLARAMA
Assistant Clerk of Court
1
Receipts both dated
2 Letter of Auditor Lopena to Castillo.
3 Letter report of Engr. Clemencia Sarmiento as part of his testimony and for the purpose of showing the short delivery or non-delivery of the items mentioned in the six vouchers.
4
Statistical data of materials extracted from Dampas
quarry delivered to