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CASE DIGEST DIGES T ON TABUENA v. v. SANDIGANBAYAN [121 SCRA 389 (1983)] November 10, 2010
Facts: ? In a Presidential Memorandum (the Marcos Memorandum) dated Jan. 6, 198
President Marcos allegedly commanded petitioner Tabuena, in his capacity as Gene Manager of the Manila International Airport Authority (MIAA), ―to pay immediately the Philippine National Construction Corporation, thru this Office (Office of the President the sum P55M in cash as partial payment of MIAA’s a ccount with said company mentioned in a Memorandum of (Trade and Industry) Minister Robert Ongpin to this Office dated Jan. 7,1985…‖ Tabuena withdrew the sum of 55M on three separate occasions (25M, 25M, 5M – 5M – with Adolfo Peralta) and delivered them to Gimenez, Marcos’s private secretary. ? It is without dispute that Tabuena did not follow the normal procedures in
withdrawal and delivery of the money (no disbursement slips and paid in cold cash). ? Tabuena was only issued a receipt after the third delivery and it did not ment anything about the purpose of the receipt or the money being used to pay PNCC, bu merely acknowledged that Gimenez had received the sum of 55M from Tabuena on
three occasions. Furthermore, there was no receipt from the PNCC recognizing payment of debt. ? Prosecution: there were no standing obligations in favor of the PNCC at the of disbursement of 55M. PNCC said themselves that they didn’t receive the P55M. ? Tabuena claimed that he was only complying with the direct order of Marcos Sign up to vote on this title (plus the Marcos memorandum which contained same Useful order) to immediately forward Not useful
the office of the President, 55M in cash, as partial payment of MIAA’s obligations to PNCC and that he believed that MIAA indeed had those liabilities to PNCC. In short,
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On the point raised by Tabuena that he cannot be charged with intentional
malversation and be convicted by malversation by negligence, the Court ruled that th dolo and culpa of the offense is only a modality in the perpetration of the felony. The same felony is still there and conviction thereof is proper. 2. On the defense of good faith: it is a valid defense against malversation becau it would negate criminal intent. To constitute a crime, the act must, except in certain crimes…be accompanied by criminal intent or such negligence or indifference to dut to consequences as is equivalent to criminal intent The maxim actus non facit reum, mens sit rea – a crime is not commited if the mind of the person performing the act
complained of is innocent (malversation cases: US v. Catolico, US v. Elvina). 3. The Court, based on the evidence presented, found that Tabuena had no oth choice but to actually follow the order stated in the Marcos Memorandum, because, a president of the Philippines, indubitably the head of governmental agencies such as MIAA and PNCC, Marcos is undeniably the superior of Tabuena. 4. Tabuena entitled to the justifying circumstance of ―any person who acts in obedience to an order issued by a superior for some lawful purpose‖ because he is o acting in good faith, faithfully and efficiently carrying out orders from the highest offici Reading PreviewMemorandum that may invite in the land. Moreover, there was You're nothing in the aMarcos Unlock full access with a free trial.of the order contained in suc suspicion – there was no question about the lawfulness
memorandum. Tabuena had reason to believe that the 55M was indeed part of a due Download FreetoTrial and demandable debt, a portion of a biggerWith liability PNCC (existence of such debts determined from testimonies). So even if the order was illegal and Tabuena was not
aware of the illegality, he would not be liable because there would only be a mistake fact committed in good faith. 5. Tabuena followed the memorandum to the letter, paying immediatelythe PN Sign up to vote on this title
through this office (office of the president) the sum of 55M. Tabuena had reasonable Useful Not useful ground to believe that the President was entitled to receive the money because as C Executive, Marcos exercised supervision and control over governmental agencies (g
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get 55M from public funds, it is clear that he did and would not profit from such and th
he did not have anything to do with the creation of the memorandum. 8. Tabuena case is a case concerning obedience in good faith of a duly execute order. The order/memorandum came from the Office of the President and bears the signature of the president himself, in effect allowing for the presumption that such ord was regularly issued and patently legal. Furthermore, the wording of the memorandu expressed a certain urgency to its execution —Obedienta est legis essential (act swi without question). 9. Main Ratio: Furthermore, the Court itself raises the contention that the case
involves a violation of the accused’s righ t to due process in the sense that it was obvious that the Sandiganbayan was overzealous in its attempt to convict parties involved – as seen in the volume of questions asked, and the manner the same were posed (cross examinations characteristic of confrontation, probing and insinuation). T quote Justice Cruz, ―Respect for the Constitution is more important that securing a conviction based on a violation of the rights of the accused.‖ Sandiganbayan was obviously biased, denying Tabuena and parties involves the requirement of the cold neutrality of an impartial judge. As a consequence of such violation of due process, t You're Reading a Preview order of Sandiganbayan was found void. Note that this defense was not raised by Unlock full access with a free trial. Tabuena. Voting: With FreeMendoza) Trial ? Four concurred (Narvasa,Download Vitug, Kapunan, ? Six dissented (Padilla, Davide, Romero, Puno, Melo, Panganiban)
? Justice Hermosisima took no part as he was a signatory to the SB decision ? Regalaso, Bellosillo and Torres, Jr, Pro hac vice (meaning they join the majo opinion but they reserve their right to change their vote should a similar casewith the Sign up to vote on this title
same facts arise.) Useful Not useful Implication of pro hac vice: Tabuena v. Sandiganbayan is not precedent for the proposition that any public official who blindly follows orders of their superior. Thus, t
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Romero, dissenting: He also believes that not all requisites were present to warrant a
justifying circumstance as Tabuena, by his own admission, did not follow standard operating procedures (no vouchers, no approval by Commission on Audit, non-issua of a receipt in 1st 2 deliveries, non-issuance of receipt by PNCC, delivery to office of Gimenez [not office in Malacanang], a stranger to contract between PNCC and MIAA The entire process, done with haste and with a total disregard of appropriate auditing requirements was not based on normal procedure. Tabuena’s rank does not excuse from ignoring such. Puno, dissenting: He concentrates on the case involving a mistake in fact, citing the
CHong case among others, and discussing article 3 in some detail -saying that mista in fact should not excuse the accused from incurring liability. It was also clear from th facts that it took one month for Tabuena to comply with order (starting from the time Marcos called him up by phone – to which the memorandum containing the same orders followed a week later), which is more than enough time to comply with procedure. He also adds that if there was not enough time, Tabuena should have ask for more time or at least communicated such problems to the president. Moreover, to acquit the petitioners imply that people believe that the president is always right, that You're Reading a Preview or she can do no wrong – that the president is above and beyond the law. full access withas a free trial. Panganiban, dissenting: He is of Unlock the same view Romero, Davide and Puno but als
raises some points: the defense of obedience to a superior’s order is already obsolet With Trial as determined by the Tribunal in Download Nuremberg, in Free its judgment against Nazi war crimin who put up the defense that they were merely following orders. The tribunal said tha
the true test did not lie with the existence of an order but whether a moral choice was fact, possible. To allow this defense to hold in the Tabuena case sets a dangerous precedent in the country because it would deprive the Courts the moral authority to Sign up to vote on this title
convict any subordinate because he or she was ―merely following the orders of the h Useful Not useful or her superior (allowing the same doctrine to be invoked in similar criminal cases before the SC and even in the inferior courts who have no choice but to follow the
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