REPl rPPINES

PEOPLE OF THE PHILIPPINES,Plaintiff,

-versus- SB-ll-CRM-0374

FOR: Malversation of PublicFunds/ Property

DR. ANTONIO A. PALANCA, JR.,ARTURO I. MAGPANTAY,MARK CONCEPCION,RENE GABUAT,RAQUILLO ZAFRA,ALFREDO ARANGAT, andJOHN DOES,

Accused. PRESENT:

Quiroz, J., ChairpersonCruz, J.

Jacinto, J.

Promulgated on:

APR ? .'i ?m.q i

RESOLUTION

(UlftOZ,/.:

Before the Court are the following incidents: (1) the Motion forReconsideration (to the Resolution dated 19 February 2019f dated 08 March2019 and filed on 11 March 2019 by accused Dr. Antonio A. Palanca, Jr. ("Dr.Palanca ); and (2) the prosecution's Comment/Opposition (to accused Dr.

' Records, Vol. 2, pp. 333-344.

ti',; idCwd—-J . •

Resolution

People vs. Palanca, et. al.SB-Il-CRM-0374

Page 2 of3.

Antonio A. Palanca, Jr. 's Motion for Reconsideration dated 08 March 2019fdated 19 March 2019 and filed on 21 March 2019.

Accused Dr. Palanca raises the following arguments in his motion: (1)the prosecution was unable to prove its allegation of conspiracy, consideringthat nothing shows that he agreed with any of his co-accused to obtain thescrap materials from Brooke's Point District Hospital, now Southern PalawanProvincial Hospital (SPPH); (2) as Provincial Health Officer of Palawan, hisfunctions were limited to general administrative supervision over hospitals inPalawan and, thus, he had no custody and control of, and was not the personaccountable for SPPH's property; and (3) the lone testimony presented by theprosecution against said accused was the "incredible" Sinumpaang Salaysayof one Marilyn Balano Burgos, who attested that accused used the proceedsof the sale of the scrap materials to buy medicines for the hospital.

For its part, the prosecution counters that: (1) its documentary andtestimonial evidence point to the conclusion that all the accused, in conspiracywith one another, appropriated, took, or misappropriated approximately16,728 tons of scrap of steel iron valued at around Php 250,920.00; and (2) itwas likewise able to establish that accused Dr. Palanca had the custody andcontrol of public property and funds by reason of his office.

Afteb a perusal of the arguments propounded by both parties, the Courtfinds no cogent reason to reverse its Resolution dated 19 February 2019.

It is worthy to emphasize that judicial action to grant prior leave to filedemurrer to evidence is discretionary upon this Court, inasmuch as the denialthereof should not be disturbed, except only in cases where there is graveabuse of discretion amounting to lack or excess of jurisdiction.^ Thus, if theCourt finds that the prosecution evidence appears to be sufficient to supportan indictment, it may deny prior leave to file a demurrer. Such denial is a merefinding that the pieces of evidence presented by the prosecution appear to besufficient on their face in establishing its theory. In this case, the denial ofaccused Dr. Palanca s earlier motion only pertains to aprima facie finding ofth^ourt that the evidence on record may be adequate in sustaining the

secution's postulations.

Be that as it may, if accused Dr. Palanca is indeed convinced that theprosecution evidence is insufficient to support a conviction, he may stilldemur thereto, but without leave of court and subject to the consequencesunder Section 23, Rule 119 of the Rules of Court. Otherwise, he retains theright to present his defenses for the appreciation of this Court.

Records, Vol. 2, pp. 354-360.Ed Vincent S. Albano, Remedial Law Reviewer, 2014, p. 757, citing People vs. Mercado, 159 SCRA 453.

{

ResolutionPeople v$. Palancff, et. ql.SB-'l l-CRM-0374Page 3 of3.

WHEREFORE, premises considered, the subject Motion forReconsideration (to the Resolution dated 19 February 2019) is DENIED,without prejudice to accused's right to file his Demurrer to Evidenceprior leave of cotrrt, subject to the consequence that he shall waive his right topresent evidence and submit this case for judgment on the basis of theprosecution evidence, pursuant to Section 23, Rule 119 of the Rules of Court.

>U

Chairperson/Associate Justice

We Cbncur:

fALM) P. CRUZAssociate Justice

JACINTO

Justice