G.R. No. 198119. September 27, 2017

'''G.R. No. 198119. September 27, 2017''' is part of the List of SC Decisions of the Supreme Court. A petition for certiorari questioning a judgment of acquittal must at least allege these essential grounds. Without these, the Petition must fail.

Case Details

 * People of the Philippines Vs. Sandiganbayan and Juan Roberto L. Abling
 * G.R. No. 198119. September 27, 2017
 * Justice
 * http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2017/september2017/198119.pdf
 * forwhatxxx

Issues
PUBLIC RESPONDENTS COMMITTED GRAVE ABUSE OF DISCRETION WHEN THEY ACCEPTED THE DEFENSE OF ABLING THAT HE FORWARDED THE FUNDS TO PRESIDENT MARCOS AS BEING SUFFICIENT TO OVERTURN THE LEGAL PRESUMPTION OF MALVERSATION

Info
"Public respondent Sandiganbayan noted that the prosecution should have presented direct evidence showing that private respondent xxx appropriated the amount in question for his personal use. Absent which, the testimony of private respondent xxx coupled with the three memoranda, cast reasonable doubt over the latter's guilt of the crime charged."

First, petitioner People accuses public respondent Sandiganbayan of committing grave abuse of discretion when it held that private respondent Abling's defense - that he forwarded the funds to President Marcos - sufficiently overturned the ' prima facie' case of malversation against him. Second, petitioner People failed to assail public respondent Sandiganbayan's jurisdiction by not substantiating the grave abuse of discretion that the latter supposedly committed when it acquitted private respondent Abling of the crime charged. In the petition, there is no allegation that public respondent Sandiganbayan acted with bias, partiality or bad faith when it rendered the assailed judgment. Third, even if we assume that public respondent Sandiganbayan's error in judgment resulted in a denial of due process or a sham trial and the same was properly alleged, the Court is still prevented from making a complete evaluation of this aspect because petitioner People did not even attach to the present Petition the very documents at the center of its argument, pursuant to Section 1, Paragraph 2, Rule 65 of the Rules of Court, as amended, which reads: SECTION 1. Petition for certiorari. - x x x.

The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46.

Decision
WHEREFORE, the Petition for Certiorari is DISMISSED for lack of merit.