FRANCISCO M.

LECAROZ and LENLIE LECAROZ, petitioners, Mayor Lecaros was acquitted with respect to his violating vacancy and to avoid a hiatus in the performance of
vs. SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES, 2019 because Red was not properly appointed thereto. SB government functions
respondents.; BELLOSILLO, J. denied the MR which prompted the petitioners to elevate
their cause to us charging that the SB errerd. Circumstance, the oath of office taken by Jowil Red before
FACTS: a member of the Batasang Pambansa who had no authority
ISSUE: to administer oaths, was invalid and amounted to no oath
Petitioner Francisco M. Lecaroz was the Municipal Mayor of at all. To be sure, an oath of office is a qualifying
Santa Cruz, Marinduque, while his son was the outgoing WON Lenlie Lecaroz was illegally disqualified from requirement for a public office; a prerequisite to the full
chairman of the Kabataang Barangay (KB) of Bagong Silang, continuing in office as KB Sectoral Representative to the SB investiture with the office. And for as long as he has not
Sta. Cruz and concurrently a member of Sangguiniang even in a holdover capacity. qualified, the holdover officer is the rightful occupant. It is
Bayan representing the federation of KBs. thus clear in the present case that since Red never qualified
RULING:
for the post, petitioner Lenlie Lecaroz remained KB
In the 1985 election for the KB Jowil Red won as KB
Petition is meritorious. representative to the Sanggunian, albeit in a carry over
Chairman of Brgy Matalaba, Sta. Cruz. Petitioner Lecaroz
capacity, and was in every aspect a de jure officer, or at least
was no longer qualified for the position. Sometime in
SB – Lenlie Lecaroz could not hold over after his term a de facto officer entitled to receive the salaries and all the
November 1985 Red was appointed by then President
expired because pertinent laws do not provide for holdover. emoluments appertaining to the position.
Ferdinand Marcos as member of the Sangguniang Bayan of
Santa Cruz representing the KBs of the municipality. Imee Section 7 of BP Blg. 51 and Sec. 1 of the KB Constitution: In If what is proven is mere judgmental error on the part of
Marcos confirmed his appointment. Red received the the case of the members of the sanggunian representing the the person committing the act, no malice or criminal intent
telegram and showed it to Mayor Lecaroz. association of barangay councils and the president of the can be rightfully imputed to him. Actus non facit reum, nisi
federation of kabataang barangay, their terms of office mens sit rea. There can be no crime when the criminal mind
Red attending the meeting of the SB upon the invitation of
shall be coterminous with their tenure as president of their is wanting. In the instant case, there are clear
one of its memers, Kagawad Rogato. In that meeting, Mayor
respective association and federation. All incumbent manifestations of good faith and lack of criminal intent on
Lecaroz informed Red that he could not yet sit as member
officers of the Kabataang Barangay shall continue to hold the part of petitioners. Red presented only a mere telegram
until his appointment had been cleared by the Governor.
office until the last Sunday of November 1985 or such time with a photocopy of mass appointment. Also, red only
Even after forwarding his appointment papers, Red was still
that the newly elected officers shall have qualified and forwarded his appointment letters after three months,
not allowed by the mayor to sit as sectoral representative
assumed office in accordance with this Constitution. during the time when Marcos had already been deposed
in the Sanggunian.
from office. Lecaros forwarded the letters of Red to
Petitioner – Red failed to qualify as KB rep because he did Minister of Interior Local Government for authentication.
Meanwhile, Mayor Lecaroz, approved the payment to his
not present an authenticated copy of his appointment The response was That newly elected KB Federation
son of 26 sets of payrolls for the 26 quincenas. Lenie signed
papers; neither did he take a valid oath of office. This Presidents, without their respective authenticated
one and authorized someone else to sign all.
enabled Lecaroz to continue as member of the SB although appointments from the president, cannot, in any way,
3 years and 9 months after, Red was finally able to secure in a holdover capacity since his term had already expired. represent their associations in any sangguniang
from the date he received his appointment papers from bayan/sangguniang panlalawigan, as the case may be,
SC disagrees with SB. The concept of holdover when applied
President Marcos, Red was finally able to secure from the although they are still considered presidents of their
to a public officer implies that the office has a fixed term
Aquino Administration a confirmation of his appointment federations by virtue of the July 1985 elections.
and the incumbent is holding onto the succeeding term. It
as KB Sectoral Representative to the SB of Sta. Cruz.
is usually provided by law that officers elected or appointed Also petitioners presented the opinions of SoJ of Presidents
Red subsequently filed with the Ombudsmna several for a fixed term shall remain in office not only for that term Maapagal, Marcos and Aquino concerning the doctrine of
criminal complaints against Mayor and his son. but until their successors have been elected and qualified, holdover. the mere fixing of the term of office in a statute
Ombudsman filed with the SB 13 informations for estafa even though it be beyond the term fixed by law. without an express prohibition against holdover is not
through falsification of public documents against indicative of a legislative intent to prohibit it, in light of the
Absent an express or implied constitutional or statutory
petitioners, and one information for violation of 3019 legal principle that just as nature abhors a vacuum so does
provision to the contrary, an officer is entitled to stay in
against Mayor alome. the law abhor a vacancy in the government.
office until his successor is appointed or chosen and has
SB found the two guilty of all counts of estafa. Conversely, qualified. The rule is that any mistake on a doubtful or difficult
the accused Lenlie Lecaroz ceased to be a member of the question of law may be the basis of good faith. under the
This is founded on obvious considerations of public policy,
KB on the last Sunday of November 1985 and, as such, was law on public officers, acts done in the performance of
for the principle of holdover is specifically intended to
no longer the legitimate representative of the youth sector official duty are protected by the presumption of good faith
prevent public convenience from suffering because of a
in the municipal council of Sta. Cruz, Marinduque. However,
But since a doubt is now created about the import of such
omission, the principle of equipoise should properly apply.
This rule demands that all reasonable doubt intended to
demonstrate error and not a crime should be resolved in
favor of the accused.

For the offense to be established, the following elements

must concur: (a) the offender makes in a document
statements in a narration of facts; (b) the offender has a
legal obligation to disclose the truth of the facts narrated;
(c) the facts narrated by the offender are absolutely false;
and, (d) the perversion of truth in the narration of facts was
made with the wrongful intent of injuring a third person.

The first and third elements of the offense had not been
established. When Mayor Lecaroz certified to the
correctness of the payroll, he was making not a narration of
facts but a conclusion of law expressing his belief that Lenlie
Lecaroz was legally holding over as member of the
Sanggunian and thus entitled to the emoluments attached
to the position.

The third element requiring that the narration of facts be

absolutely false is not even adequately satisfied as the
belief of Mayor Francisco Lecaroz that Lenlie Lecaroz was a
holdover member of the Sanggunian was not entirely bereft
of basis, anchored as it was on the universally accepted
doctrine of holdover. If the statements are not altogether
false, there being some colorable truth in them, the crime
of falsification is deemed not to have been committed.

WHEREFORE, the petition is GRANTED. The assailed

Decision of 7 October 1994 and Resolution of 1 October
1997 of the Sandiganbayan are REVERSED and SET ASIDE,
and petitioners FRANCISCO M. LECAROZ and LENLIE
LECAROZ are ACQUITTED of all the thirteen (13) counts of
estafa through falsification of public documents (Crim.
Cases Nos. 13904-13916). The bail bonds posted for their
provisional liberty are cancelled and released. Costs de
oficio.