republic of the philippines...

REPUBLIC OF THE PHILIPPINES

SandiganbayanQUEZON CITY

SPFCTAT. SEVF.NTH DIVISION

PEOPLE OF THE PHILIPPINES,Plaintiff,

-versus-

JOHN REY D. TABUJARA.

Criminal Case No. SB-16-CRM-0433

Present:

Gomez-Estoesta, J., ChairpersonTrespeses, J. and

Accused. Jacinto, J.

Promulgated:

X

DECISION

GOMEZ-ESTOESTA, J.;

When an outbreak of dengue fever, among other illnesses, sweptthrough Barangay Talacdan, Municipality of Cauayan, Negros Occidental,afflicting twenty (20) people and resulting in two (2) persons dead, accusedJohn Rey Dadivas Tabujara, Municipal Mayor of Cauayan, responded bytransferring private complainant Mae Joy F. Magbanua, a registered nurseand public health worker, from her station at the Cauayan District Hospital toBarangay Talacdan, which was 30 to 40 kilometers away from her residence.At the outset, Mae Joy F. Magbanua cried foul at being handed a newassignment, and appealed the same to the Civil Service Commission, a copyof which was furnished the Mayor. During the pendency of her appeal beforethe CSC, Mae Joy F. Magbanua alleged that accused John Rey DadivasTabujara unlawfully neglected to hold in abeyance her reassignment, contraryto CSC Memorandum Circular No. 9, s. 2010. This spurred the filing of theComplaint against the accused.

Finding probable cause to indict the accused for Violation of Section 3(f) of Republic Act No. 3019 CR.A. 3019''), otherwise known as fho Anti-Graftand Corrupt Practices Act, the Office of the Ombudsman filed an Informationon July 12, 2016, which charged:

' Designated Special Member of the Seventh Division as per Administrative Order No. 284-2017 datedAugust 18,2017

2 I P 3 S €People V. John Rey D. TabujaraCriminal Case No. SB-16-CRM-0433DEC IS 10 N - ■ - - -

That on or about the period from 6 July 2010 to 31 January 2012 orsometime prior or subsequent thereto, in the Municipality of Cauayan,Negros Occidental, Philippines, and within the jurisdiction of thisHonorable Court, above-named accused JOHN REY D. TABUJARA, apublic officer, being the Municipal Mayor of the Municipality of Cauayan,Negros Occidental, in such capacity and committing the offense in relationto office, taking advantage of his official position, with deliberate intent didthen and there willfully, deliberately and criminally, neglect or refose to act,within reasonable time, to hold in abeyance the implementation of theorder/memorandum dated 6 July 2010, to reassign MAE JOY F.MAGBANUA, a public health worker, to the health office of BarangayTalacdan, Municipality of Cauayan, Negros Occidental, without any validreason or justification, despite due demand or request made upon him byMAE JOY F. MAGBANUA and the directive of FERNANDO C.MENDOZA, Director II, Civil Service Commission, Regional Office VI,which refusal or failure by the accused was done to discriminate MAE JOYF. MAGBANUA, thus the accused, in the course of the performance of hisofficial duties had neglected and/or refused wifriout justification to act onthe said request or demand pending before him, to the damage of MAE JO YF. MAGBANUA and detriment of public service.

CONTRARY TO LAW.

On July 18, 2016, this Court issued a Hold Departure Order' againstaccused John Rey Dadivas Tabujara ["accused Tabujara"].

Initially, accused Tabujara filed a Motion to Quash Information (On theGround of the Accused's Right to Speedy Disposition of Cases),^ but the samewas denied by this Court in its Resolution^ dated February 23, 2017.

On February 27, 2017, accused Tabujara was arraigned and, dulyassisted by counsel, entered a plea of not guilty.''

Pre-trial was held on June 29, 2017, in which the parties made thefollowing stipulations:^

I

ADMITTED FACTS

1) The identity of accused John Rey D. Tabujara (Tabujara).

2) That at the time material to this case, or sometime on July 2010 toJanuary 2012, accused Tabujara is a public officer. Municipal Mayorof Cauayan, Negros Occidental.

3) The jurisdiction of the Honorable Court over the person of accusedTabujara and the crime charged.

4) That on July 06, 2010, accused Tabujara issued the New WorkAssignment Order ([Exhibits] "G" and "15") which assigned MaeJoy Magbanua as Nurse at Brgy. Talacdan, Cauayan, NegrosOccidental.

Records, Vol. 1, p. 85 at/2 W. at 155-165 &3 Id. at 180-187

" Id. at 192

^ Pre-Trial Order dated June 29,2017 (Records, Vol. 1, pp. 271-279)

People V. John Rey D. Tabujara 31F a g eCriminal Case No. SB-16-CRM-0433DECISION

5) That prior to the issuance of the assignment order by accusedTabujara ([Exhibits] "G" and "ISf]), Mae Joy Magbanua wasstationed at Cauayan Municipal Hospital, occupying the position ofNurse I pursuant to her Appointment Paper dated January 1, 2007([Exhibit] "D") and Service Record ([Exhibit] "B")-

6) That Mae Joy F. Magbanua filed a Notice of Appeal dated July 22,2010 ([Exhibit] "I") to the Civil Service Commission Office forLegal Affairs (CSC-OLA) reletive (sic) to her assignment at Brgy.Talacdan, Cauayan, Negros Occidental.

7) That the Notice of Appeal dated July 22, 2010 filed by Mae JoyMagbanua was served to accused Tabujara via registered mail onJuly 22, 2010 and with a second copy thereof furnished him andreceived by the office of the accused on July 26, 2010 ([Exhibits]"K" and "O").

8) That CSC-OLA through an Order dated October 14,2010 requestedthe accused Tabujara to submit his comment on the Notice of Appealdated July 22,2010 filed by Mae Joy Magbanua (Exh. "J").

Thereafter, trial on the merits ensued.

EVIDENCE FOR THE PROSECUTION

The prosecution presented the following witnesses, whose intendedtestimonies were mostly the subject of stipulations, viz:

1. EfrenB.Agita["Agital

The tenor of his testimony is as indicated in the Order dated August 23,2017:^

1. To prove that Mr. Efren B. Agita is the Human Resource Management Officer ofCauayan, Negros Occidental;

2. To prove that the witness Mr. Effen B. Agita is the custodian of relevant HRMOand/or administrative documents of the LOU, Cauayan, Negros Occidental;

3. To prove that the witness Mr. Effen B. Agita submitted to the [Office of the SpecialProsecutor, Office of the Ombudsman,] documents which he certified as true copiesfrom the files in his office particularly[:]

Exhibit Description

«B" Service Record of Mae Joy P. Magbanua

"C" Appointment Paper dated October 1,2004 of Mae Joy F. MagbanuaAppointment Paper dated January 1,2007 of Mae Joy F. Magbanua

«G" New Work Assignment Order dated July 6,2010 by Mayor John ReyD. Tabujara addressed to Mae Joy F. Magbanua

"1-2" Notice of Appeal dated July 22,2010 of Mae Joy F. Magbanua"K" Letter dated July 23,2010 by Atty. Joel P. Cabalatungan addressed to

Mayor John Rey D. Tabujara

— / •® TSN dated August 23,2017, pp. 10-14; Order dated August 23,2017 (Records, Vol. 1, pp. 324-326) g^ ̂

41 P fl g ePeople V. John Rey D. TabujaraCriminal Case No. SB-16-CRM-0433DECISION

"L" to "L-11" Daily Time Record of Mae Joy F. Magbanua covering the periodAugust 2010 to July 2011Personal Data Sheet of Mae Joy F. Magbanua

"W" Service Record of John Rey D. Tabujara

"Z"

(Original)

Certification dated May 2, 2017 by Efren B. Agita, HRMO,Municipality of Cauayan, Negros Occidental

"Z-1"

(Original)Certification dated April 28,2017 Re: Available Leave Credits of MaeJoy F. Magbanua by Efren B. Agita, HRMO, Municipality ofCauayan, Negros Occidental

"Z-2"

(Original)

Certificate of Available Leave Credits (as of January 2012) of MaeJoy F. Magbanua

4. To prove that the witness Mr. Efren B. Agita personally served to [privatecomplainant Mae Joy F. Magbanua ("Magbanua")] on July 7, 2010 the NewWork Assignment Order dated July 6, 2010 issued by Mayor John Rey Tabujaramarked as Exhibit "G" for the prosecution;

5. To prove that sometime in July 2010, Mr. Agita as HRMO, received a copy of theNotice of Appeal filed by [Magbanua] before the Civil Service Commission("CSC") marked as Exhibits "I" and "1-2" for the prosecution;

6. To prove that sometime in July 2010, Mr. Agita fumished accused Mayor John ReyTabujara through his secretary Marilou Acol a copy of the Notice of Appeal filedbefore the Civil Service Commission;

7. To prove that despite receipt of the Notice of Appeal filed by [Magbanua] beforethe CSC, accused Mayor Tabujara did not issue a directive or hold in abeyance there-assignment of Magbanua pursuant to the CSC Memorandum Circular No. 9Seriesof 2010; (subject to defense)

8. To prove that from September 2010 to January 2012, the salaries of [Magbanua]were not released; (subject to defense)

9. To prove that the GSIS, Philhealth, and PAG-IBIG premiums of [Magbanua] werenot remitted to the appropriate agencies during the period of September 2010 toJanuary 2012; (subject to defense) and

10. To prove that from September 2010 to January 2012, [Magbanua] did notaccumulate vacation or leave credits as Exhibits "Z-1" and "Z-2 ; (subject todefense) x x x

On cross-examination, it was revealed that Magbanua did not receiveher salary because her Daily Time Record ("DTR") was required to be signedby the Punong Barangay of Talacdan, the area to which she had been newlyassigned where she did not report for work.^

2. Dr. Maricel Delos Reyes-Dida ["Dr. Dida"],^ Chief of Hospitalof Cauayan District Hospital since 2009.

The substance of her testimony is as indicated in the Order dated August23,2017:^

1. To prove that at the time material to this case, witness [Dr. Dida] is the Chief ofHospital of Cauayan District Hospital, Negros Occidental; i

I-' TSN dated August 23,2017, pp. 15-16 ^

® Common witness with the defense' TSN dated August 23,2017, pp. 19-23; Order dated August 23,2017 (Records, Vol. 1, pp. 324-326) J

People V. John Rey D. Tabujara 51P a g eCriminal Case No. SB-16-CRM-0433DECISION

2. To prove that [the] witness is the immediate supervisor of [Magbanua];

3. To prove that [the] witness was served the New Work Assignment Order dated July6, 2010 issued by Mayor Tabujara which re-assigned [Magbanua] to Brgy.Talacdan, Cauayan, Negros Occidental marked as Exhibit "G" for the prosecution,

4. To prove that [the] witness was furnished by [Magbanua] of the Notice of Appealfiled by her before the CSC marked as Exhibits "I" and "1-2";

5. To prove that accused Mayor Tabujara did not issue a directive or hold in abeyancethe re-assignment of [Magbanua] pursuant to CSC Memorandum Circular No. 9Series of 2010; (subject to defense)

6. To prove that [Magbanua] reported to Cauayan District Hospital from July 2010 toJanuary 2012 as stated in Exhibits "L" to "L-11" for the prosecution;

7. To prove that the salaries of [Magbanua] on September 2010 to January 2012 werenot released either from Brgy. Talacdan Rural Hospital or Cauayan DistrictHospital; and

8. To prove that the GSIS, Philhealth, and PAG-IBIG premiums of [Magbanua] werenot remitted to the appropriate agencies during the period of September 2010 toJanuary 2012. (subject to defense)

On cross-examination, it was disclosed that Magbanua hadcontinuously reported for work at Cauayan District Hospital despite the factthat she received an Order fi-om the Mayor giving her a new assignment.Additionally, from July 9 to July 31, 2010, Magbanua had taken a leave ofabsence from her duties at Cauayan District Hospital.^®

3. Fernando O. Mendoza ["Dir. Mendoza"], Provincial Directorof the CSC Negros Occidental Province

The meat of his testimony is as indicated in the Order dated August 24,2017:^^

1. That the testimony of [Dir. Mendoza] is to prove that at the time material to thiscase, he was the Director['^] of Civil Service Commission, Negros OccidentalProvince;

2. To prove the existence, authenticity and due execution of the [followingdocuments:]

Exhibit Description

"N" Letter dated November 15, 2010 by Dir. Fernando 0. Mendozaaddressed to Mayor John Rey D. Tabujara

«K" Letter dated July 23,2010 by Atty. Joel P. Cabalatungan addressed toMayor John Rey D. Tabujara

«M" Letter dated September 9, 2010 by Mae Joy F. Magbanua addressedto Dir. Fernando 0 Mendoza

«0" Letter dated August 2,2010 of Atty. Ray Frando P. Diaz II addressedto Atty. Joel P. Cabalatungan

"S" Letter dated November 25, 2010 of Mayor John Rey D. Tabujaraaddressed to Dir. Fernando 0. Mendoza

XXX

/TSN dated August 23,2017, pp. 24-25" TSN dated August 24,2017, pp. 5-8; Order dated August 24,2017 (Records, Vol. 1, pp. 330-331)

The qualifier "former" was deleted

People V. John Rey D. Tabujara 6 | P a g eCriminal Case No. SB-16-CRM-0433DECISION _ ,

7. That [Dir. Mendoza] issued a letter dated November 15,2010 as directive to MayorTabujara to hold in abeyance the implementation of the re-assignment of[Magbanua] and the release of her salary pending the resolution of her appealmarked as Exhibit "N" for the prosecution.

On cross-examination, Dir. Mendoza said that he was not aware of theDecision of the GSC disposing of the appeal of Magbanua because he was nolonger connected with the CSC Field Office, Negros Occidental, at the timesaid ruling was promulgated.^^

4. Private Complainant Mae Joy F. Magbanua ["Magbanua"]and Ernie Magbanua

The following intended testimonies of Mae Joy F. Magbanua and ErnieMagbanua were admitted by the. defense, to wit:'"^

1. That witness [Magbanua] filed a Complaint-Affidavit dated September 27, 2011marked as Exhibits A to A-24 before the Office of the Ombudsman Visayas againstaccused John Rey Tabujara - ADMITTED

2. That the witness filed a Notice of Appeal dated July 22, 2010 with attachedAppellant's Memorandum before the Civil Service Commission marked as ExhibitI to 1-2, pursuant to Memorandum Circular No. 9-S-2010 marked as Exhibit H,relevant to the New Work Assignment Order dated July 9, 2010 issued by accusedTabujara marked as Exhibit G - ADMITTED

3. That witness [Magbanua] through counsel, Atty. Joel Cabalatungan, fumishedaccused Tabujara a letter through registered mail on July 22, 2010 and throughpersonal service on July 26, 2010, marked as Exhibit K attaching a copy of theNotice of Appeal dated July 22,2010 with attached Appellant's Memorandum filedbefore the Civil Service [CJommission - ADMITTED

4. That despite receipt of [ ] said Appeal, accused Mayor John Rey Tabujara did notissue a directive to hold in abeyance the re-assignment of Mae Joy Magbanua,pursuant to CSC Memorandum Circular No. 9-S-2010 as stated in Exhibit H —ADMITTED subject to their defense

5. That fi-om July 10, 2010 to January 2012 during the pendency of the appeal filedby [Magbanua], [she] continued to report to Cauayan District Hospital as stated inExhibits L to L-1 - ADMITTED

6. That witness [Magbanua] brought the issue of the non-holding in [a]beyance of her[r]e-assignment in accordance with [Memorandum Circular] No. 9-S-2010 to theCivil Service Commission, Negros Occidental through letter dated September 9,2010 addressed to [Dir. Mendoza], as stated in Exhibits H and M - ADMITTED,subject to their defense

7. To prove that from September 2010 to January 2012, the salaries of [Magbanua]were not released either from the Rural [Hospital] of Talacdan or fiom CauayanDistrict Hospital - ADMITTED

8. To prove that the GSIS, Philhealth and [PAG-IBIG] premiums of [Magbanua] werenot remitted to the appropriate agencies during the period September 2010 toJanuary 2012-ADMITTED ..

•3 TSN dated August 24, 2017, pp. 9-10TSN dated September 6,2017, pp. 4-12; Order dated September 6,2017 (Records, Vol. 1, pp. 358-361)

People V. John Rey D. Tabujara 71 P a g eCriminal Case No. SB-16-CRM-0433DECISION , - - -

9. To prove that from September 2010 to January 2012, [Magbanua] did notaccumulate vacation or leave credits as stated in Exhibits Z-1 and Z-2 —ADMITTED n

10. To prove the existence, authenticity and due execution of the Reply-Affidavitmarked as Exhibits U to U-8, although the one to be supposedly identified by thewitness is a mere photocopy, which should dispense with the identification [—]ADMITTED

11. To affirm and confirm the authenticity and truthfulness of the allegations in theComplaint-Affidavit marked as Exhibits A to A-24 - ADMITTED

12. That witness [Magbanua] was appointed as Nurse I on January 1,2007, specificallystationed at Cauayan Municipal Hospital, Cauayan[,] Negros Occidental as statedin Exhibit A-3 - ADMITTED

13. That witness Ernie Magbanua is the spouse of Mae Joy Magbanua - ADMITTED

14. That witness Emie Magbanua is a former Councilor of the Municipality ofCauayan, Negros Occidental, from 2007 to 2010 — ADMITTED

15. That sometime before the May 2010 Local Elections, the father of accused JohnRey Tabujara, then Vice Mayor Jerry Tabujara, filed a criminal case for Grave OralDefamation before the MTC Cauayan against the husband of private complainantMae Joy Magbanua, who is former Councilor Emie Magbanua marked as ExhibitA-5-ADMITTED

16. That during the May 2010 Local Election, then Councilor Ernie Magbanua,husband of Mae Joy Magbanua, openly supported the mayoralty candidacy of Dr.Malvas, the opponent of accused Mayor Tabujara — ADMITTED

On cross-examination, Magbanua admitted that she was aware of theDecision rendered by the CSC which denied her appeal. In said ruling, theCSC noted that Magbanua was reassigned in the interest of public service onthe basis that: (1) there were rampant cases of dengue, among other illnesses;and (2) the public health worker assigned to Barangay Talacdan had resigned.These events amplified the need to fill the vacancy left by the midwife.

Magbanua further stated that she executed an Affidavit of Desistanceon February 7, 2017, and affirmed the truthfulness of its contents. The reasonshe executed said Affidavit was that she realized her services were indeedneeded by the people of Barangay Talacdan after she learned of the CSC sruling.

On re-direct examination, Magbanua asseverated that she did not reportfor work in Barangay Talacdan because she had filed an appeal before theCSC.^^ Magbanua learned of her reassignment when she received a letter(Exhibit "G") from the Human Resource Management Office ("HRMO")informing her that the midwife of Barangay Talacdan had resigned. Sheestimated that the travel time to Barangay Talacdan would take almost 2.5hours. The distance from her residence to said Barangay was about thirty (30)

/TSN dated September 6,2017, p. 13Mat 16-17 y

I'M at 18-19 /'8 Mat 21

''Mat22

People V. John Rey D. TabujaraCriminal Case No. SB-16-CRM-0433DECISION

81 P a g e

to forty (40) kilometer In going to Barangay Talacdan, she would likelyspend One Hundred Pesos (PIOO.OO) one way, compared to about TwentyPesos (P20.00) that she would spend in going to Cauayan District Hospital^'There were more than five (5) other nurses employed at Cauayan DistrictHospital.^^

On re-cross examination, Magbanua testified that aside from her basicsalary, she received additional monthly hazard pay.^^ She was the most senioramong the nurses at Cauayan District Hospital, and was the only nurse with apermanent position.^^ She believed she was chosen for the new assignmentbecause of the prevalence of dengue cases in Barangay Talacdan.^^

5. Cross examination was not propounded on Ernie Magbanuabecause the subject matter he would have testified on had been the subject ofstipulation by the parties.

Subsequent to the presentation of its witnesses, the prosecutionformally offered the exhibits listed below:

Exhibit Description

to "A-24" Complaint-Affidavit dated September 27, 2011 of Mae Joy F.Magbanua

"B" Service Record of Mae Joy F. Magbanua

«C" Appointment Paper dated October 1,2004 of Mae Joy F. Magbanua«D" Appointment Paper dated January 1,2007 of Mae Joy F. MagbanuaME" Certificate of Marriage of Ernie Magbanua and Mae Joy F. MagbanuaMp» Order dated December 4,2009 (People v. Ernie Magbanua, Criminal

Case No. 2T-09-0888 for Slander)

«G" New Work Assignment Order dated July 6,2010 by Mayor John ReyD. Tabujara addressed to Mae Joy F. Magbanua

MR" CSC Memorandum Circular No. 9, s. 2010MJ» Notice of Appeal dated July 22,2010 by Mae Joy F. Magbanua«I-1" Memorandum of Appeal dated July 21, 2010 by Mae Joy F.

Magbanua •

to "I-l- Annexes of the Memorandum of Appeal of Mae Joy F. Magbanua

"1-2" Notice of Appeal dated July 22,2010 of Mae Joy F. MagbanuaMR" Letter dated July 23,2010 by Atty. Joel P. Cabalatungan addressed to

Mayor John Rey D. Tabujara

«L" to "L-11" Daily Time Record of Mae Joy F. Magbanua covering the penodAugust 2010 to July 2011

MM" Letter dated September 9, 2010 by Mae Joy F. Magbanua addressedto Dir. Fernando 0 Mendoza

MN" • Letter dated November 15, 2010 by Dir. Fernando 0. Mendozaaddressed to Mayor John Rey D. Tabujara

"O" Letter dated August 2,2010 of Atty. Ray Frando P. Diaz II addressedto Atty. Joel P. Cabalatungan

20 W. at 23,252'W. at 2522 W. at 24

22 M at 26

24 Ibid22 Ibid

20 W. at 28-29

/ /


91P a g e

«p» Letter dated September 21, 2010 by Mayor John Rey D. Tabujaraaddressed to the Director, CSC

«Q" Letter dated September 30, 2010 by Mayor John Rey D. Tabujaraaddressed to Dir. Fernando 0. Mendoza

"R" Letter dated October 26, 2010 by Mayor John Rey D. Tabujaraaddressed to CSC Chairman Francisco E. Duque, Jr.

"S" Letter dated November 25, 2010 of Mayor John Rey D. Tabujaraaddressed to Dir. Fernando 0. Mendoza

Decision dated January 31, 2012 in CSC Case No. 120079"U" to "U-8" Reply-Affidavit dated May 15, 2012 by Mae Joy F. Magbanua with

Annexes

«Y» Personal Data Sheet of Mae Jov F. Magbanua

Service Record of John Rey D. Tabujara

"X" Personal Data Sheet of John Rey D. Tabujara«tY" Comment/Memorandum dated December 2,2010 by Mayor John Rey

D. Tabujara

«Z"

(Original)

Certification dated May 2, 2017 by Bfren B. Agita, HRMO,Municipality of Cauayan, Negros Occidental

"Zrl"

(Original)Certification dated April 28,2017 Re: Available Leave Credits of MaeJoy F. Magbanua by Efren B. Agita, HRMO, Municipality ofCauayan, Negros Occidental

«Z-2"

(Original)

Certificate of Available Leave Credits (as of January 2012) of MaeJoy F. Magbanua

«AA" Memorandum Order dated March 15,2012

In its Resolution" dated October 12,2017, the Court admitted all of theprosecution's exhibits.

EVIDENCE FOR THE DEFENSE

The defense presented its own version of the facts as attested to by thefollowing witnesses:

1. • Jolly Naman David ["David"], Punong Barangay of Talacdan,Cauayan, Negrps Occidental.

Before the direct testimony of this Witness could begin, the partiesentered in the following stipulations:^^

■ • David was Punong Barangay of Talacdan; and

• David wrote the accused a number of Letters dated July 16, 2010,August 18, 2010, and September 14, 2010 (Exhibits "11", "12", and"13", respectively), the existence and due execution of which wereadmitted by the prosecution, with exception as to their contents.

David recalled that his constituents had consulted him on healthproblems then prevailing in his jurisdiction, specifically loose bowel

Records, Vol. 2, pp. 23-24TSN dated February 6,2018, pp. 6-8

/•7 /

People V. John Rey D. Tabujara 101P a g eCriminal Case No. SB-16-CRM-0433DECISION ^ ^

movement and fever.^^ As a result, David had sought assistance from theMayor to address the health concerns of his constituents.

On cross-examination, David said that he specifically requested for theservices of Magbanua because the latter was a nurse who was trained to handlehealth concerns.^® There was an outbreak of dengue fever as a result of whichabout twenty (20) persons fell ill and two (2) had died.^^ He initially soughtthe services of a nurse for consultation on health issues, after which a doctorwould have been called if additional services were still necessary.^^

On re-direct examination, David estimated that there were 7,000 peopleresiding in Barangay Talacdan.^^ Prior to the appointment of Magbanua, therewas no health worker assigned to the barangay.

On re-cross examination, David observed that the outbreak of denguefever lasted for what he described as a "long time." Yet, Magbanua did notreport for work in Barangay Talacdan. David no longer requested for othermedical professionals, but he directed all patients to the Hospital ofKabankalan.^"^

2. Common witness Dr. Maricel Delos Reyes-Dida ["Dr.Dida"],^^ Chief of Hospital of Cauayan District Hospital.

Prior to the direct examination of this Witness, it was stipulated by theparties that Cauayan District Hospital attended to the healthcare needs of allof the barangays of Cauayan.

Dr. Dida said that the most prevalent health issues the Municipalityencountered were: acute gastroenteritis, pneumonia, pulmonary tuberculosis,typhoid fever, and dengue fever.^^ The role of the Barangay Health Workerwas to prevent diseases, achieved through giving health education andadministering first aid treatment.^^ She believed that the most competentworker to render these services was a nurse.^^ Additionally, Dr. Dida identifiedthe Certification^® dated April 18, 2012 stating that Magbanua has neverrendered services at the Cauayan District Hospital, Cauayan, NegrosOccidental from the effectivity date of her assignment which is July 6, 2010to December 16, 2011" and "has neVer rendered services as medical workerfrom the date of her re-assignment at Talacdan Health Center."

On cross-examination. Dr. Dida averred that Magbanua has beencontinuously reporting for work at Cauayan District Hospital, but she was not

/.29 Id. at 10

20 Mat 16 ^2'Mat 17 /22M at 17-18 f ̂22 Id at 19 02''Mat 22Id. at 22

22 Also referred to as "Dr. Delos Reyes"20 TSN dated February 6,2018, p. 2637 rJ a 122 M. at 3128 Ibid

29 Mat 32

-♦o Exhibit "10"

People V. John Rey D. Tabujara 111P a g eCriminal Case No. SB-16-CRM-0433DECISION , - -

given any assigned task.^^ The reason for this was because Dr. Dida wasfurnished a copy of the Order reassigning Magbanua, and she also receivednotice that an appeal had been filed by the latter. Dr. Dida referred this matterto the Mayor, but she was not given any order by him."*^

Dr. Dida was aware that during July 6, 2010, there was a dengueoutbreak at Barangay Talacdan. Dengue was a preventable disease, whichcould have been controlled if a competent health worker was assigned to thebarangay concemed.^^ Through examining a patient's health history, a nursewould be able to recognize, at an early stage, if the patient exhibited signs ofdengue.^^ A nurse would not be able to transfuse blood, prescribe medicine,or inject a drug without a doctor.'^^ A nurse would only render first aidtreatment. In case of dengue, caring for a patient would consist of making suresaid patient was well-hydrated, took oral medications such as paracetamol,and got rest.^^ If the condition of the patient would worsen, then it wasnecessary to refer the patient to the nearest hospital. This recommendationwould be done by the nurse who first saw the patient."^^

Dr. Dida estimated that Cauayan District Hospital was about forty (40)kilometers away from Barangay Talacdan, or about a two (2) hour ride byjeep.'^^ When Magbanua refused to report for work at Barangay Talacdan, Dr.Dida referred the matter to the Office of the Mayor because it was the Mayorwho was authorized to send another health worker. The Mayor, however, didnot send another nurse in lieu of Magbanua."*^ Magbanua was specificallychosen for reassignment because she was the most senior nurse who hadenough experience to render efficient and effective health services.^®

Dr. Dida had nine (9) registered nurses under her supervision with four(4) assigned doctors. Cauayan District Hospital had a bed capacity of ten (10)beds.^^

On re-direct examination. Dr. Dida described the following symptomsof a person who was suspected of being afflicted with dengue fever:^^

Dengue Classifications Symptoms/Manifestations

1 High-grade fever usually lasting fromthree (3) to five (5) davs; flu symptoms

Type 2 Petechial rashes:^^ nose or gum bleeding

Types Severe bleeding

/

TSN dated February 6,2018, p. 35*^Id. at 36

Id. at 37

^IdaX3Z

Mat 38-39

Ibid

Id at 39-40

' c/Mat 41-43 V50Mat42

Id at 44-45

52M. at 45-46 ^ ^ j53 Petechiae are tiny, purple, red, or brown spots on the skin which look like a rash, but are actually causedby bleeding under the skin. One way to tell the difference is by pressing on the spots; a rash will turn pale,whereas petechiae will not turn white when pressed (Elaine K. Lauo, MD, "What Causes Petechiae?",available at https://www.healthline.com/health/Detechiae [last accessed August 29, 2018])

^8M. at 40-41 y .

People V. John Rey D. Tabujara 121P a g eCriminal Case No. SB-I6-CRM-0433DECISION

Type 4 Dengue shock syndrome which may leadto a coma, and eventually, death

At the time of making a diagnosis, Dr. Dida reiterated that the mostcompetent health worker to mitigate the effects of dengue would be aregistered nurse.^^ As Chief of Hospital, she was responsible for theadministration of hospital operations and the supervision of the hospitalpersonnel. It was the Office of the Mayor who deployed workers to other areasin the Municipality.^^

On re-cross examination. Dr. Dida clarified that a "dengue suspect" wasnot considered a confirmed case of said illness. As such, the manifestationscould be determined by any trained health worker, but the most competentprofessional for this task would be a medical doctor.^^ She did not have thepower to deploy her medical staff in a particular area. Since the CauayanDistrict Hospital was under the Municipality of Cauayan, all office ordersshould have been issued by the Mayor.^^ Matters were referred to the Mayorbecause he wielded administrative supervision.^^ In the case of Magbanua, Dr.Dida and accused Tabujara had discussed employing another nurse to replacethe vacancy created by the reassignment of Magbanua to BarangayTalacdan.^^

Dr. Dida averred that the Provincial Health Office of Negros Occidentalwould determine if an "outbreak" occurred. Based on the statistics of theMunicipality, or the statistical reports of the hospital, there appeared to havebeen an outbreak of dengue in their Municipality.^® None of the nurses underDr. Dida's supervision resided at or near Barangay Talacdan; most resided atthe Municipality of Cauayan Proper.^^ Although Dr. Dida had spoken severaltimes to Magbanua to follow the Order of the Mayor, Magbanua just said thatit was her personal decision to keep reporting to Cauayan District Hospitalwithout elaborating further.^^

3. Accused John Rey D. Tabujara ["accused Tabujara"],Municipal Mayor of Cauayan, Negros Occidental.

The intended direct examination of the accused was admitted by theprosecution as follows

1. As the Municipal Mayor of the Municipality of Cauayan, Negros Occidental,among his duties and functions is to attend to the general welfare of his constituents.

TSN dated February 6, ̂2018, p. 46at47

Mat 48

Ibid

M at 49

59 Mat 49-50

Mat 50-52

Mat 53

«Mat53-55^5 tSN dated February 7,2018, pp. 7-12; Order dated February 7,2018 (Records, Vol. 2, pp. 74-75)


13 I P a g e

2. To prove that measures were taken to address the general welfare needs of theresidents and to assign health care workers to the barangays under the Municipalityof Cauayan as the need arises;

3. At the time material to the case, accused was asked by Punong Barangay JollyNaman David to appoint a health care worker to Brgy. Talacdan to meet the healthcare needs of the residents;

4. To prove that the private complainant was assigned to Brgy. Talacdan through aNew Work Assignment Order issued on July 6,2010; and

5. Accused filed a Motion for Early Resolution before the Civil Service Commissionin relation to the appeal filed by the private complainant.

Accused Tabujara revealed that, as Mayor, he was responsible not onlyfor the security of the barangays in his jurisdiction, but also for their healthconcerns. At the time material to this case, there were pervading illnesses inBarangay Talacdan, such as fever, influenza, dengue, and gastroenteritis.^^The Municipality of Cauayan was composed of twenty five (25) barangays,with one (1) health worker per barangay. Assigned to the barangays weretwenty four (24) midwives and only one (1) nurse.

Before he reassigned Magbanua, accused Tabujara had received a pleaof help jfrom Punong Barangay David. David explained that a certain PeneraSaldua, the midwife assigned to Barangay Talacdan, had not reported to workfor more than one (1) week starting June 26.^^ Due to the sicknesses afflictingthe people in Barangay Talacdan, accused Tabujara decided to reassignMagbanua thereat. He specifically chose Magbanua based oh her priorexperience at the Rural Health Unit, where she could supervise the midwivesand review their daily and monthly reports.^^

While accused Tabujara received the appeal by Magbanua, henonetheless felt that he had no choice considering the needs of hisconstituents. He wrote the CSC three letters seeking the speedy resolution ofMagbanua's case, to wit:

Document Marking for the Defense Marking for theProsecution

Letter dated September 21,2010 by Mayor John Rey D.Tabujara addressed to the

CSC

Exhibit "1" Exhibit "E"

Letter dated September 30,2010 by Mayor John Rey D.Tabujara addressed to the

CSC

Exhibit "2" Exhibit "Q"

Letter dated October 26,

2010 by Mayor John Rey D.Tabujara addressed to CSCChairman Francisco T.

Duque

Exhibit "4" Exhibit "R"

^ TSN dated February 7,2018, p. 13atl4

<^^Matl9 )v


On cross-examination, accused Tabujara averred that he had spoken toDr. Didas and Magbanua about the matter of reassignment. Even though.Magbanua had refused to be transferred, accused Tabujara still selected herfor the assignment because she had the least amount of duty hours, from 8 amto 4 pm.^®

Accused Tabujara informed Magbanua of the reassignment in writing,and was aware that the period of reassignment should last for only one (1)year.^^ He confirmed that the CSC has formally informed him that theimplementation of the Order of reassignment should have been automaticallyheld in abeyance pending appeal, but accused Tabujara had no choice in viewof the dire health issues of his constituents. Also, he was awaiting the outcomeof his motion for early resolution.^® He did not choose to reassign a doctorbecause Cauayan District Hospital only had four (4) doctors, whose shiftslasted for 48 hours. Additionally, there were serious cases in the hospital thatneeded their attention, and they needed to rest from their long hours.Nonetheless, accused Tabujara had asked them to visit Barangay Talacdanonce a week.^^ He did not ask the midwives from other barangays to check onthe people of Barangay Talacdan because they had their own responsibilities,and said Barangay had a population of seven thousand (7,000).^^ His intentfor Magbanua was to serve in Barangay Talacdan for only one year, or for aslong as the need for her services existed."^^ Accused Tabujara's policy onhealth issues focused on preventive measures; specifically, he would assigneither a midwife or a nurse in each barangay so that such midwife or nursecould determine if a patient would need to be referred to a hospital.^'*

It was the practice of accused Tabujara to require the DTR of areassigned employee to be signed by the Punong Barangay. This was becausethe Punong Barangay would be in ̂ e best position to know if the employeeconcerned actually reported for work at the barangay. Once the PunongBarangay had signed the DTR, and the municipal cashier had finishedreviewing the document, accused Tabujara would normally approve of therelease of the employee's salary.

Accused Tabujara estimated that Magbanua's case was pending beforethe CSC for about one and a half (1.5) years. Accused Tabujara did not issueany reappointment or reassignment because he was waiting for the CSC sruling on the validity of Magbanua's reassignment.''^

Following the presentation of its witnesses, the defense formallyoffered its exhibits: ^

/^ Id. at-23

6'Mat24 ^'®Mat25 / '"Mat26 '

Id. at-21 ''3 Id. at 27-28

Id at 29

Mat 31-32

76M. at33


15 I P a g e

Exhibit Descriptionup) Letter dated September 21, 2010 by Mayor John Rey D. Tabujara

addressed to the CSC

«2" Letter dated September 30, 2010 by Mayor John Rey D. Tabujaraaddressed to the CSC

«3" Motion for Early Resolution dated October 18, 2012 filed by MayorJohn Rey D. Tabujara

«4» Letter dated October 26, 2010 by Mayor John Rey D. Tabujaraaddressed to CSC Chairman Francisco T. Duque

"5" to "5-a" CSC Decision dated January 31, 2012 in Case No. 120079"6" Memorandum Order dated February 9, 2012 by Mayor John Rey D.

Tabujara

Memorandum Order dated March 15, 2012 by Mayor John Rey D.Tabujara

«8" Certification dated March 15, 2012 by Punong Barangay Jolly N.David, Cauayan, Negros Occidental

«^»77

"10" to "10-a" Certification dated April 18, 2012 issued Dr. Maricel Delos Reyes-Dida

"11" to "11-a" Letter dated July 16, 2010 by Punong Barangay Jolly N. Davidaddressed to Mayor John Rey D. Tabujara

"12" to "12-a" Letter dated August 18, 2010 by Punong Barangay Jolly N. Davidaddressed to Mayor John Rey D. Tabujara

"13" to "13-a" Letter dated September 14,2010 by Punong Barangay Jolly N. Davidaddressed to Mayor John Rey D. Tabujara

"14" to "14-a" Affidavit of Desistance dated February 7, 2017 by Mae Joy F.Magbanua

"15" Memorandum dated July 6,2010 by Mayor John Rey D. Tabujara

In its Resolution^^ dated March 9, 2018, the Court admitted all of theabovementioned exhibits.

The case was thus submitted for decision.

In the interim, the defense submitted its Memorandum on April 11,2018. For its part, the prosecution filed its Memorandum on April 26, 2018.

THIS rOURT^S RULING

Under Republic Act No. 7160 CR.A. 7J60"), otherwise known as theLocal Government Code of 1991, local government units are endowed withthe necessary power to promote the health and general welfare of theirinhabitants. Section 16, supra, provides:^^ f

SECTION 16. General Welfare. — Every local government unitshall exercise the powers expressly granted, those necessarily impliedtherefrom, as well as powers necessary, appropriate, or incidental for

There is no Exhibit "9" offeredRecords, Vol. 2, pp. 118-120An Act Providing For A Local Government Code Of 1991 [LOCAL Government CODE OF 1991], Republic

Act No. 7160, § 16(1992)7

Y


its efficient and effective governance, and those which are essential tothe promotion of the general welfare. Within their respective territorialjurisdictions, local government units shall ensure and support, amongother things, the preservation and enrichment of culture, promote healthand safety, enhance the right of the people to a balanced ecology, encourageand support the development of appropriate and self-reliant scientific andtechnological capabilities, improve public morals, enhance economicprosperity and social justice, promote full employment among theirresidents, maintain peace and order, and preserve the comfort andconvenience of their inhabitants. (Emphasis supplied)

The municipal mayor, as the local chief executive, has administrativesupervision over all municipal employees, including the public health workersof the municipality, as per Section 444 (b) (1) (x), supra'}^

SECTION 444. The Chief Executive: Powers, Duties,Functions and Compensation. — (a) The municipal mayor, as the chiefexecutive of the municipal government, shall exercise such powers andperforms such duties and functions as provided by this Code and other laws.

(b) For efficient, effective and economical governance thepurpose of which is the general welfare of the municipality and itsinhabitants pursuant to Section 16 of this Code, the mumcipal mayor shall:

(1) Exercise general supervision and control over allprograms, projects, services, and activities of the mumcipalgovernment, and in this connection, shall:

XXX

(x) Ensure that all executive officials andemployees of the municipality faithfully discharge theirduties and functions as provided by law and this Code,and cause to be instituted administrative or judicialproceedings against any official or employee of themunicipality who may have committed an offense in theperformance of his official duties; (Emphasis supplied)

XXX

By virtue of the Local Government Code of 1991, the municipalmayor in the exercise of his or her administrative supervision mayreassign municipal health workers in the interests of the health andgeneral welfare of the constituents. By definition, health workers are allpersons who are engaged in health and health-related work, and all personsemployed in all hospitals, sanitaria, health infirmaries, health centers, ruralhealth units, barangay health stations, clinics and other health-relatedestablishments owned and operated by the government or its politicalsubdivisions with original charters and shall include medical, allied health

/Local Government Code of 1991, § 444 (b) (1) (x)

'/r

People V. John Rey D. Tabujara 171P a g eCriminal Case No. SB-16-CRM-0433

DECISION

professional, administrative and support personnel employed regardless oftheir employment status."®'

However, in the reassignment or transfer by mayors of healthworkers, they must observe the regulations/procedure prescribed byRepublic Act No, 7305 7305^'), otherwise known as the Magna CartaofPublic Health Workers and CSC rules.

Section 6 (c) ofi?.^. 7305:

SECTION 6. Transfer of Geographical Reassignment of PublicHealth Workers. —

a) a transfer is a movement from one position to another whichis of equivalent rank, level or salary without break in service;

b) a geographical reassignment, hereinafter referred to as"reassignment" is a movement from one geographical location to another;and

c) a public health worker shall not be transferred and/orreassigned, except when made in the interest of public service, in whichcase, the employee concerned shall be informed of the reasons thereforein writing. If the public health worker believes that there is nojustification for the transfer and/or reassignment, he/she may appealhis/her case to the Civil Service Commission, which shall cause his/hertransfer and/or reassignment to be held in abeyance; Provided, That notransfer and/or reassignment whatsoever shall be made three (3) monthsbefore any local or national elections: Provided, further. That the necessaryexpenses of the transfer and/or reassignment of the public health worker andhis/her immediate family shall be paid for by the Government. (Emphasissupplied)

CSC Memorandum Circular No. 9, s. 2010 dated May 13, 2010:

MEMORANDUM CIRCULAR

TO : ALL HEADS OF CONSTITUTIONAL BODIES;DEPARTMENTS, BUREAUS, OFFICES AND AGENCIES OF THENATIONAL GOVERNMENT; LOCAL GOVERNMENT UNITS;GOVERNMENT OWNED AND CONTROLLED CORPORATIONS;AND STATE UNIVERSITIES AND COLLEGES

SUBJECT : Rules on the Transfer or Geographical Reassignmentof Public Health Workers and Public Social Workers

Pursuant to CSC Resolution No. 10Q667 dated April 6, 2010, theCommission adopted a policy on appeal towards the proper implementationof Sections 6 (c) of R.A. No 7305 and 18 of R.A. No. 9433 on the transferor geographical reassignment of public health workers and public socialworkers, the decretal portion of which reads:

XXX

The Magna Carta of Public Health Workers [Magna Carta of Public Health WorkersI, Republic ActNo. 7305, § 3 (1992)

People V, John Rey D. Tabujara 181P a g eCriminal Case No. SB-I6-CRM-0433DECISION _ _ -

Section 3. Effect of Filing of an Appeal on the Reassignment - Thefiling of an appeal on the reassignment by the concerned public healthworker or public social worker shall automatically hold in abeyance theimplementation of the order of reassignment.

For this purpose, the appellant shall furnish a notice of appeal to theappointing authority or official who ordered the reassignment copyfurnished CSCROs or CSCFOs concerned. The notice of appeal shallserve as notice to the concerned appointing authority or ofOcial to holdin abeyance the implementation of the order of reassignment.(Emphasis supplied)

XXX

In his capacity as Mayor, accused Tabujara issued the New WorkAssignments^ dated July 6, 2010, which transferred or reassigned Magbanuafrom her station at the Cauayan District Hospital to Barangay Talacdan.Magbanua vehemently disputed said Order because her new station was 30 to40 kilometers away, or a 2.5-hour trip by jeep, compared to the short distanceshe previously traversed in commuting to the Cauayan District Hospital.Essentially, she claimed that the reassignment was politically motivatedbecause Ernie Magbanua, her spouse, was an outspoken rival of accusedTabujara and his father. Hence, she felt that the reassignment was done just tomake her life difficult. She thus filed a Notice of Appeal which was receivedby accused Tabujara on July 26, 2010, as follows:

Referred to as "Order of Re-assignment" by Magbanua


19 I P a g e

Ezfa..

Republic of rfic Philippines - r?-!" 6.*iv.9' CIVIL SERVTCn COMMISSION ̂

a caaoa Office of the Ugal Affairs JUL 2 9 20WiL <I}ri(n Diliman, Quezon Cityr KiOo- I *-'pf

MARJOYF.MAGBANUA Case No.RE: Reassignment/transfer firom

Present Official Station ai \Cauayan Municpal Hospital10 lalacdan, Cauayan, NcgrosOccidental

\

|KV— /

NOTICE OF APPEAL

COMES NOW Appellant, through counsel, and unto this Honorable Commission,

most respectfully appeals from the Order of Rc-assignmcni dated July 6, 2010 of the

Hon. John Rey Tabujara, Municipal Mayor of Cauayan, Ncgos Occidental, a copy of

wlilch Order was received by respondent through counsel on October 25,2006.

For this appeal. Appellant has paid the appeal fee of FIVE HUNDRED PItSOS (P

500.00) to tlte Civil Servit» Conunission Region VI as per aUoclied Official Receipt No.;]/ dated July 22.2010.

Bocolod City, Philippines. July 22,2010.

cllaru

5K1Couns si for AppcllariB4tU Square Dldg.Ucson St. cor. North DriveBacolod CityRoll No. 42203IBP OR No. SI 5155. Jan. 27,2010PTR No. 1948486, Jan. 27,2010MCLE Compliance No. 111-0007522

Copy Rimishcd:

HON. MAYOR JOHN REY TABUJARAOffice of the Municipal Mayor

Pending her appeal, Magbanua opted to remain at her station atCauayan District Hospital; she did not report for work at her new assignmentin Barangay Talacdan.

Meantime, accused Tabujara did not issue any order or memorandumexpressly holding in abeyance the reassignment of Magbanua. On thispremise, the prosecution alleged that accused Tabujara, in his capacity asMayor of Cauayan, intentionally neglected or refused to hold in abeyance thereassignment of Magbanua, a public-health worker of Cauayan, in view of thelatter's appeal before the CSC. This neglect or refusal by accused Tabujaraallegedly amounted to a Violation of Section 3 (f) of 7?.^. 3019,

f7/

201 P a g ePeople V. John Rey D. TabujaraCriminal Case No. SB-16-CRM-0433DECISION

The elements of Section 3 (f) of 3019 are:^^

a) The offender is a public officer;

b) The said officer has neglected or has refused to act withoutsufficient justification after due demand or request has been made on himor her;

c) Reasonable time has elapsed from such demand or requestwithout the public officer having acted on the matter pending before him orher; and

d) Such failure to so act is for the purpose of obtaining, directlyor indirectly, from any person interested in the matter some pecuniary ormaterial benefit or advantage in favor of an interested party, ordiscriminating against another.

A careful review of the evidence on record will show that:

Accused Tabujara was a public officer.

It has been subject of stipulation by the parties that, at the time materialto this case, accused Tabujara was a public officer as he was Municipal Mayorof Cauayan, Negros Occidental.^"^

Hence, the first element is present.

Accused Tabujara did not defy thelegal provisions requiring that theimplementation of the order oftransfer/reassignment be held inabeyance pending appeal of the samebefore the CSC.

Accused Tabujara faithfully complied with the legal requirementsmandated by Section 6 (c) of R.A. 7305 involving the transfer of healthworkers, which are:

• The employee concerned shall be informed of the reasons for thetransfer or reassignment in writing; and

• The transfer is done in the interest of public service.

Accused Tabujara issued the New Work Assignment dated July 6,2010,duly received by Magbanua, which informed her, in writing, of his decisionto transfer or reassign her to Barangay Talacdan. The Order detailingMagbanua's reassignment is reproduced below:^^

Galario v. Ombudsman, G.R. No. 166797, July 10,2007 *®'' Joint Stipulation of Facts and Issue dated June 15,2017 (Records, Vol. 1, pp. 255-266) / «Exhibit "G" for the prosecution; Exhibit" 15" for the defense f ̂

People V. John Rey D. TabujaraCriminal Case No. SB-I6-CRM-0433DECISION

211 P a g e

Republic of Ibe Pbtli^plaesProvince ofNegrus Occfdcatnl

MUNICIPALITY OF CAIJAVAN

OFFICE OF THE MUNIOPAL MAYOR

&h. ^July 6. 2010

TO : MRS. MAE JOY F. MAGBANUANurse

JTvOM ; HON. JOHN REY D. TABU JAKAMunicipal Mayor

SUBJECT ; NF.W WORK .ASSIGNMENT

.of nuos

f nmn

Exh..15

■w«r-

In the inlea-esi of Public Service and the need for an experience nurge todeliver an efficient and effective delivery of medical services, you arelieieby assigned as Nnrse at Baiai^gay Taiacdan, Caoayan. NegrosOccidental eftective July 9. 2010.

You are further directed to coordinate with the Puaong Barangay^ ofBaransay Talricdan. As suck your Daily Time Record (DTR) will Ihereiorebe signed by the said Pimong Barangay.

For strict compliance..

Let copy of this order be fttrrdsiied to all concerned. C£R i i

JOH>#:^Y b. TABUJAliAMunicjj^ Mayor

]ij»a1E..

As it thus appeared, the New Work Assignment was disputed byMagbanua with the filing of the Notice of Appeal with the CSC, which factalone should have held in abeyance the implementation of the order ofreassignment.

Accused, however, saw otherwise. The reassignment should proceedunabated citing as a reason the dengue outbreak in Barangay Talacdan.

This time, the prosecution disputes the presence of a "dengue outbreak"in Barangay Talacdan as a situation that was merely imagined by PunongBarangay David who is known to be accused Tabujara's "political crony."^^ Itargues that the matter of determining the presence of an outbreak is an officialfunction of the Provincial Health Office of Negros Occidental, not thebarangay units, where no such declaration was made. Further, the prosecutionavers that what undermines the fact that no such outbreak occurred is that only

Memorandum for the Prosecution dated April 23,2018 (Records, Vol. 2, p. 175)


twenty (20) persons out of seven thousand (7,000) inhabitants were suspected,of dengue fever. Hence, accused Tabujara "epically failed' to justify theexistence of a dire situation.^^

It is found that the reassignment of Magbanua to Barangay Talacdan isnot without a basis.

Ostensibly, the health and well-being of his constituents inBarangay Talacdan was what motivated accused Tabujara to reassignMagbanua thereat. Indeed, Punong Barangay David of Talacdan wroteaccused Tabujara on three (3) separate occasions stating that several peoplesuffered from dengue fever, and the midwife assigned to BarangayTalacdan had resigned.®® Perceptively, his constituents were in real,immediate need of Magbanua's services as a registered nurse.®' WitnessDavid testified that:

XXX

[Cross-Examination by Prosecutor Gregorio Marco Dela Torre:]

Q. You requested for Mae Joy Magbanua?

A. Yes, Sir.

Q. And you claimed also that there is an outbreak of dengue fever inyour letter, Sir?

A. Yes, Sir.

Q. What do you mean when you say "dengue outbreak", at least howmany persons were inflicted with that particular disease?

A. Several, sir.

Q. How many? 100,200, 300?

A. About 20, Sir, and there were two who died.

Memorandum for the Prosecution dated April 23,2018 (Records, Vol. 2, p. 176) ^Durins trial. Witness David stated (TSN dated February 6,2018, pp. 19-20): §' During trial. Witness David stated (TSN dated February 6,2018, pp. 19-20):

ASSOCIATE JUSTICE TRESPESES:

Objection overruled.

Can you repeat the question?

COURT STENOGRAPHER:

"Now, prior to the appointment or to the assignment of the private complainant Mae Joy [F.]Magbanua, was there a health worker assigned to your barangay?

WITNESS:

There's none. Sir.

Punong Barangay David wrote Letters dated July 16, 2010, August 18, 2010, and September 14, 2010(Exhibits "1 "12", and "13", respectively), all addressed to accused TabujaraTSN dated February 6,2018, pp. 16-17

People V. John Rey D. Tabujara 231P a g eCriminal Case No. SB-16-CRM-0433DECISION - - -

Q. About 20 and two died?

A. Yes, Sir./

Q. Do you consider that very urgent, there are 20 who were inflictedwith such disease and two casualties?

A. Yes, Sir.

XXX

Whether or not there was a dengue "outbreak" that should havebeen officially declared by provincial health officials of NegrosOccidental, the undisputed fact remains that multiple cases of denguefever appeared in Barangay Talacdan, Cauayan, afflicting twenty (20)people and causing the deaths of two (2). Dengue fever is a serious illnesswhich can never be downplayed. Its symptoms, as described by Dr. Dida,are:^^

Dengue Classifications Symptoms/Manifestations

Type 1 High-grade fever usually lasting fromthree (3) to five (5) days; flu symptoms

Type 2 Petechial rashes; nose or gum bleeding

Types Severe bleeding

Type 4 Dengue shock syndrome which may leadto a coma, and eventually, death

It was, therefore, not surprising that Punong Barangay David wouldpersistently plead in his Letters^^ for Nurse Magbanua to report to theirbarangay for medical abetment with the Mayor's issuance of a New WorkAssignment Order. Thus, there was a real need to address the rampant illnessesthat occurred in Barangay Talacdan, and there was a need to fill the void leftby the resignation of the midwife thereat. This factual matter was amplifiedby the CSC when it denied the appeal filed by Magbanua. The CSC's Decisiondated January 31,2012 in CSC Case No. 120079, ruled thusly:^^

WHEREFORE, premises * considered, the appeal of Mae Joy F.Magbanua is hereby DISMISSED. Accordingly, the Memorandum datedJuly 26, 2010 of Municipal Mayor John Rey Tabujara, reassigning her toBarangay Talacdan is declared VALID. However, since her appointment isstation-specific, the reassignment shall not be more than one (1) yearreckoned from the date of the start of her reassignment.

Jurisprudence holds that the findings of administrative or quasi-judicialbodies, such as the CSC, are entitled to great weight and full respect because

A"/i/. at 45-46 J cJ92 Exhibits "11", "12", and "13" . . m a -7'2 Penned by CSC Chairman Francisco T. Duque III, and concurred in by Commissioner Mary Ann Z.Femandez-Mendoza (Exhibit "T')


these agencies are clothed with special knowledge and expertise on specificmatters within their jurisdiction.^"^

Additionally, Magbanua herself acknowledged that her services wereneeded at her new assignment in Barangay Talacdan:^^

XXX

[Cross-Examination by Atty. Jose Justiniano]

Q Now, in connection with this case, do you recall having executedany other affidavit?

A Yes, Sir.

Q Mrs. Magbanua, I am showing to you an Affidavit of Desistancewhich we marked as Exhibit 14 executed on February 7,2017. Will yougo over this affidavit and tell this Court if you can identify the same?

THE INTERPRETER

Witness is going over the document.

AJ TRESPESES

What exhibit is that, again?

ATTY. JUSTINIANO

Exhibit 14, your Honor

WITNESS

A Yes, Sir.

Q Under your present oath, do you confirm the truthfulness andveracity of the contents of this Affidavit?

A Yes, Sir.

Q There is a signature here on the last page under the typewrittenname Mae Joy F. Magbanua. Do you recognize this signature?

A Yes, Sir, this is mine.

ATTY. JUSTINIANO

May I request, your Honor, that the signature identified by thewitness be sub-marked as our Exhibit 14-a.

CHAIRPERSON

Sub-mark it as Exhibit 14-a

ATTY. JUSTINIANO

Q Would it be correct to state, Madame Witness, that the reasonwhy you executed this Affidavit of Desistance was because you realizedafter knowing the Decision of the Civil Service Commission with

i-^ Vide: AFPRSBS v. Sanvictores. G.R. No. 207586, August 17,2016 ' A /TSN dated September 6,2017, pp. 17-19


respect to your appeal, your services were indeed needed in BarangayTalacdan?

A Yes, Sir. (Emphasis supplied)

XXX

With such admission, Magbanua's own political coloring of herreassignment order should only be drained of any prejudice.

The proliferation of dengue fever in Barangay Talacdan is without avestige of doubt. Its standing fact was confirmed by Punong Barangay David,which factual matter was cited by the CSC in dismissing Magbanua's appeal,and Magbanua's own admission that her services were much needed in saidBarangay. It is only apparent that accused Tabujara had reasonable basis intransferring or reassigning Magbanua thereat. More than that, accusedTabujara duly furnished Magbanua the New Work Assignment dated July 6,2010 detailing, in writing, her immediate transfer to Barangay Talacdan andthe reasons therefor. Wth the requisites mandated by R.A. 7305 duly satisfied,it is evident that Magbanua's transfer was warranted under the circumstances.

Nonetheless, the prosecution argues that due to Magbanua's filing ofan appeal before the CSC, accused Tabujara had no other option but to holdin abeyance the implementation of the order of reassignment of Magbanua;there are no ifs and huts about it.

We disagree.

Even though Magbanua's case was pending on appeal, accusedTabujara did not act in bad faith by allegedly neglecting or refusing toimplement Magbanua's reassignment. Already faced with an on-going,urgent deluge of dengue fever cases in Barangay Talacdan, and inasmuchas the assigned midwife had resigned leaving the people in need of ahealth worker, the situation and the welfare of his constituents demandedthat accused Tabujara could not simply stand idle awaiting the outcomeof the decision of the CSC. Notably, it was during.the months of July andAugust when Punong Barangay David had initially petitioned accusedTabujara for aid,^^ at which time of the year the country experiences monsoonrains. With the onset of rainy season, which would cause wet environmentsconducive to the nurturing of mosquito eggs, it is not difficult to perceive thatcases of dengue would surely spike.

Although dengue fever could be fatal, it is stressed that it is apreventable disease, which can be successfully treated by a trained healthworker, such as a nurse. During trial. Dr. Dida described how and by whom

/Exhibits "11" and "12' . ^ / fV" See, e.g. Philippine Council for Health Research and Development, "DOH raises dengue alert due to rainy jjseason" available at http://www.pchrd.dost.gov.ph/index.Dhp/news/dengue-updates/2628-doh-raises-dengue-alert-doe-to-rainv-season (last accessed August 30,2018)

/

People V. John Rey D. Tabujara 261P a g eCriminal Case No. SB-16-CRM-0433DECISION .

dengue fever can be detected, and the initial treatment that would beadministered to a patient, in this wise:^^

XXX

[Cross-Examination by Prosecutor Gregorio Marco Dela Torre:]

Q. You're a medical doctor, correct, Ma'am?

A. Yes, Sir.

Q. In times of outbreak, is it a matter of first aid or diseaseprevention?

A. Outbreak will not happen in a certain barangay or a certainarea if a disease prevention is effective. Sir.

Q. No, no. Are you aware of the fact that there is an alleged dengueoutbreak in Barangay Talacdan sometime in July 2010?

A. Yes, Sir.

Q. And would you classify a dengue outbreak as health prevention,assistance to render first aid, and other similar circumstances?

A. Yes, Sir.

Q. Are you saying that if there is a dengue outbreak, you need afirst aid?

A. Dengue disease is a preventable disease. So, if there's a certaincompetent health worker assigned in a certain barangay, this outbreakwill not occur. Sir.

XXX

Q. What can a nurse do without you as her supervisor?

A. As a nurse, she can do health education ... (interrupted)

Q. No. Relevant, Madam, to the dengue outbreak at BarangayTalacdan at that time.

A. Early recognition of the disease process. Sir. ^

Q. Early recognition of the disease?

A. Yes, Sir.

Q. Can she transfuse blood without you?

A. No, Sir. At the barangay levels, only a Barangay Health Center.

ASSOCIATE JUSTICE JACINTO:

Can a nurse determine or diagnose to a patient who is sufferingfrom dengue by herself?

WITNESS:

Yes, Your Honor, through taking a health history.

TSN dated February 6,2018, pp. 36-40y t

People V. John Rey D. Tabujara 271 P a g eCriminal Case No. SB-16-CRM-0433DECISION _ _ -

PROSECUTOR DELA TORRE:

Q. Health history based on the previous health condition of the patient?

A. Yes, Sir.

Q. But she cannot prescribe medicine, correct?

A. Only first aid treatment. Sir.

Q. Only first aid treatment?

A. Yes, Sir.

Q. But she has no prescription form, correct?

A. No, Sir.

Q. And she cannot likewise inject a drug to a particular patient withoutyou?

A. No, Sir.

Q. By the way, Madam Witness, what are the first aid proceduresthat you conduct in cases of dengue outbreak?

A. During dengue cases, the patient should be wellrhydratedthrough oral medications, therapy, fluids, taking of paracetamol, andrest.

Q. That is for the first aid?

A. Yes, Sir.

Q. If ever that the condition of the patient got [worse], what do youdo?

A. The patient should be referred immediately to the nearesthospital. Sir.

Q. And who will conduct that recommendation?

A. The one who first sees the patient. Sir. (Emphasis supplied)

XXX

As the adage goes, an ounce of prevention is worth a pound oftreatment. Based on Dr. Dida's testimony, in adopting certain measures,contracting dengue fever could be prevented or its effects mitigated,^^ throughthe efforts of a competent health worker, such as Magbanua who was aregistered nurse. The insinuation of a political motivation behind it, therefore,fails to persuade.

What strengthens the conclusion that accused Tabujara was in goodfaith in reassigning Magbanua is that he had selected her for transfer based onher qualifications and prior experience, viz:'®®

^Id. at46100 -psN dated February 7,2018, p. 19

/

People V. John Rey D. Tabujara 28 | P a g eCriminal Case No. SB-16-CRM-0433DECISION -

XXX

[Direct Examination by Atty. Ranulfo Javeloso, III:]

Q Now, you earlier mentioned that you appointed the privatecomplainant Mae Joy [F.] Magbanua. Now, Mr. Witness, what made youappoint Mae Joy [P.] Magbanua?

WITNESS

A I appointed Ms. Mae Joy [P.] Magbanua since before she wasassigned to Cauayan District Hospital, ah, she was assigned before tothe rural health unit before she was assigned in Cauayan District Hospitaland she was supervising the medical needs or the daily reports of themidwives from the harnagays (sic), monthly reports ... so that's why Imade my decision that I will assign her to Brgy. Talacdan beingknowledgeable of the situations at the barangays. (Emphasis supplied)

XXX

That Magbanua was indeed highly qualified to be assigned to BarangayTalacdan was corroborated by her immediate supervisor, Dr. Dida who wasthe Chief of Hospital of Cauayan District Hospital:'®'

XXX

ASSOCIATE JUSTICE JACINTO:

So, why the specific interest in forcing Magbanua to be the one togo to the barangay?

WITNESS:

Your Honor, since [Mrs.] Mae Joy Magbanua is the most seniornurse at the hospital, based on her experiences, she is very much capableto render efficient and effective health services. Your Honor. (Emphasissupplied)

XXX

Even Magbanua herself admitted that, as a registered nurse, she wasmore highly skilled to address health concerns compared to other healthworkers, e.g. midwives:'®^

XXX

ATTY. JUSTINIANO

Thank you, Mrs. Magbanua.

Q Mrs. Magbanua, as a nurse, will you agree with me that denguecould be fatal to a patient?

A Yes, Sir.

Q Will you also agree with me that a Nurse can render bettermedical services to [a] patient than a midwife?

— / •ioiTSNdatedFebruary6,2018, p. 42 i l! ̂102 i-gjq jjated September 6,2017, p. 17 7


A Yes, Sir. (Emphasis supplied)

XXX

Moreover, accused Tabujara candidly admitted that he could not simplypull a doctor away from duty at the Cauayan District Hospital because therewere only a total of four (4) doctors whose long shifts lasted up to forty-eight(48) hours. At best, accused Tabujara was able to have a doctor visit BarangayTalacdan once per week.'®^

Based on the prevailing circumstances, Barangay Talacdan was in greatneed of a new health worker to fill in the void caused by the resignation of theformer midwife assigned thereto. Based on her qualifications and experience,Magbanua was the most suited to answer the call, which was the reason whyaccused Tabujara had particularly chosen her for transfer or reassignment.Given the swath of illnesses pervading in Barangay Talacdan, accusedTabujara cannot be blamed for insisting that the flow of health services beuninterrupted for his constituents. Consequently, it cannot be said that he hasneglected, without justification, to hold in abeyance the implementation of theOrder reassigning Magbanua to Barangay Talacdan.

The second element is wanting.

Accused Tabujara did not allow thelapse of an unreasonable amount oftime without having acted on thematter'of Magbanua's reassignment.

During the pendency of Magbanua's appeal before the CSC, accusedTabujara did not sit idle as he wrote the CSC, on a number of occasions,seeking the speedy resolution of the same and the immediate transfer ofMagbanua, viz:

• Letter dated September 21, 2010 by Mayor John Rey D. Tabujaraaddressed to the CSC;

Letter dated September 30, 2010 by Mayor John Rey D. Tabujaraaddressed to the CSC;

Letter dated October 26, 2010 by Mayor John Rey D. Tabujaraaddressed to CSC Chairman Francisco T. Duque;^^^ and

Motion for Early Resolution^®^ dated October 18, 2011 praying thatMagbanua be ordered to comply with his order for transfer.

tJ."^Exhibit"!" ^nf103 jsN dated February 7,2018, p. 26

Exhibit "2" 'f VExhibit "4" '

10'Exhibit "3"

People V. John Rey D. Tabujara 301P a g eCriminal Case No. SB-16-CRM-0433DECISION .

The reason why accused Tabujara insisted on having Magbanua reportforthwith to her new assignment is obvious. As has been previously noted, theresignation of the lone health worker in Barangay Talacdan amidst theprevalence of dengue fever demanded that a health worker be madeimmediately available. Hence, the suspension of the implementation of thereassignment of Magbanua would have done a disservice to the generalwelfare of the people of Barangay Talacdan.

In any event, the denial of Magbanua's appeal by the CSC in itsDecision^®® dated January 31, 2012 (CSC Case No. 120079), rendered mootthe necessity to hold in abeyance the implementation of the New WorkAssignment which transferred or reassigned Magbanua to Barangay Talacdan.

The third element leaves much to be desired.

It has not been proven that accusedTabujara derived any pecuniary ormaterial benefit, or advantage in favorof an interested party, much lessdiscriminate against Magbanua inissuing an order for her transfer orreassignment.

Jurisprudence provides that the "failure to act [must be] motivated byany gain or benefit for himself or knowingly for the purpose of favoring aninterested party - or discriminating against another. It is not enough that anadvantage in favor of one party, as against another, would result from suchneglect or refusal. Had it been so, the law would have perhaps instead said,'or as a consequence of such neglect or refusal undue advantage is derived byan interested party or another is unduly discriminated against.

Particularly, Section 9 of R.A. 7305 prohibits any act of discriminationagainst health workers, viz:

SECTION 9. Discrimination Prohibited. — Apublic health workershall not be discriminated against with regard to gender, civil status, creed,religious or political beliefs and ethnic groupings in the ekercise of his/herprofession.

The political affiliations of the parties' relatives are not disputed. Infact, it was stipulated by the parties that Magbanua's spouse, Ernie Magbanua,was a former Councilor of Cauayan, and that then Vice Mayor Jerry Tabujara(the father of accused Tabujara) had filed a criminal case for Grave OralDefamation against Ernie Magbanua. Further, Ernie Magbanua openly

Exhibit "T' ' V ̂Coronado v. Sandiganbayan, G.R. No. 94955, August 18, 1993 f j

People V. John Rey D. Tabujara 311 P a g eCriminal Case No. SB-16-CRM-0433DECISION

supported the mayoralty candidacy of Dr. Malvas, the opponent of accusedTabujara.^

However, other than the fact that the families of Magbuana and accusedTabujara appeared to sit on opposite camps in local politics, the records arebereft of any clear evidence showing that such affiliations caused accusedTabujara to untowardly discriminate against Magbanua, and that such motivesprimarily impelled accused Tabujara to transfer or reassign her to BarangayTalacdan. None of the prosecution witnesses came forward to establish thataccused Tabujara ordered the transfer of Magbanua out of personal spite orsome other purely politick motive. Quite the contrary, it has been shown thatMagbanua's transfer was sufficiently justified; the true reason therefor wasfor the welfare of the public. Thus, accused Tabujara did not derive anypecuniary or material benefit, or advantage in favor of an interested party; nordid he discriminate against another.

The fourth element is thus absent.

In fine, absent sufficient evidence showing that accused Tabujaraunjustifiably held in abeyance the implementation of the order ofreassignment of Magbanua, the prosecution was not able to establish, beyondreasonable doubt, all of the elements of Violation of Section 3 (f) of 3019.In dubilis reus est absolvendus — all doubts must be resolved in favor of theaccused.^

It is the constitutional right of an accused to be presumed innocent inall criminal prosecutions until the contrary is proved.^ Miranda v.SandiganbayaniQdiChQS'}^^

XXX

The presumption of innocence of an accused in a criminal case is abasic constitutional principle fleshed out by procedural rules which placeon the prosecution the burden of proving that an accused is guilty of theoffense charged by proof beyond reasonable doubt. For conviction must restno less than on hard evidence showing that the accused, with moralcertainty, is guilty of the crime charged. Short of these constitutionalmandate and statutory safeguard — that a person is presumed innocent untilthe contrary is proved—the Court is then left without discretion and is dutybound to render a judgment of acquittal.

Having found that the prosecution has failed to establish the guilt of theaccused by proof beyond reasonable doubt, his acquittal is warranted.

1/<1

110 dated September 6,2017, pp. 4-12

Magsumbol v. People^ G.R. No. 207175, November26,2014"2 Phil. Const., art. Ill, § 14, 2

"3 G.R. Nos. 144760-61,167311-12,167316-17 & 167625-26, August 2,2017

People V. John Rey D. Tabujara 321P a g eCriminal Case No. SB-16-CRM-0433

DECISION ,1

WHEREFORE, for failure of the prosecution to prove the guilt ofaccused JOHN REY D. TABUJARA beyond reasonable doubt, he isACQUITTED of Violation of Section 3 (f) of Republic Act No. 3019,otherwise known as the Anti-Graft and Corrupt Practices Act.

The cash, bond posted by accused John Rey D. Tabujara is orderedreleased subject to the usual accounting procedures. The Hold DepartureOrder issued by this Court on July 18, 2016 is set aside, and the Order issuedby the Bureau of Immigration incorporating his name in the Hold DepartureList is ordered recalled and cancelled.

SO ORDERED.

MA. THERESA DOLORES C. GOMEZ-ESTOESTAAssociate Justice

Chairperson

WE CONCUR:

V. TRESPESES

Associate Justice

BAYANI HmACINTO

Asso ':iavQ Justice

ATTESTATION

I attest that the conclusions in the above Decision were reached inconsultation before the case was assigned to the writer of the opinion of theCourt's Division.

MA. THERESA DOLORES C. GOMEZ-ESTOESTAChairperson, Seventh Division


CERTIFICATION

Pursuant to Article VIII, Section 13 of the Constitution, and theDivision Chairman's Attestation, it is hereby certified that the conclusions inthe above Decision were reached in consultation before the case was assignedto the writer of the opinion of the Court's Division.

AMPARO M. 6i^BQXAJE-TPresiding Justice

/

mREPUBLIC OF THE PHILIPPINES

^attbigatibayanQuezon City

Seventh Division

Septembers, 2018

IN RE; PP vs. JOHN REYD. TABUJARA

Criminal Case No. SB-16-CRM'0433

The Honorable Presiding Justice:

We hereby transmit pursuant to Article VIII, Section 13 of the 1987 Constitution,the attestation and certification (page 33) of the Decision in the above-entitled case,which is due for promulgation. We attest that the conclusions in the said Decision werereached in consultation before the case was assigned to the writer of the opinion of theCourt's Division.

Very truly yours.

\/TOLOREMA. THERESA^LORES C. GOMEZ-ESTOESTAChairperson, Aisociate Justice

. ̂SPESESSiTociate Justice

BAYANi/H. JACiNTO

Associate! Justice

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