LEOVEGILDO R. RUZOL, PETITIONER, VS. THE HON. SANDIGANBAYAN AND THE PEOPLE OF THE PHILIPPINES, RESPONDENTS.

Ruzol versus Sandiganbayan

The Case

This is a petition for review filed by Leovegildo Ruzol, the former mayor of General Nakar, Quezon, against the Sandiganbayan and the People of the Philippines. Ruzol was convicted by the Sandiganbayan of two hundred twenty-one counts of Usurpation of Official Functions under Article 177 of the Revised Penal Code for issuing permits to transport salvaged forest products. The case matters because it settles a question of local government law: whether a municipal mayor may issue permits to transport forest products under the general welfare clause and the devolved functions of the Department of Environment and Natural Resources, or whether that authority belongs exclusively to the national agency.

Procedural History

In June 2006, two hundred twenty-one Informations were filed against Ruzol and Guillermo Sabiduria, the municipal administrator, for violation of Article 177 of the Revised Penal Code. The cases were docketed as Criminal Case Numbers SB-08-CRIM-0039 to 0259 before the First Division of the Sandiganbayan. During pre-trial, the parties agreed to dispense with testimonial evidence and submitted the case for decision based on documentary evidence and a joint stipulation of facts. On December 19, 2008, the Sandiganbayan rendered its Decision, acquitting Sabiduria on the ground of reasonable doubt but finding Ruzol guilty beyond reasonable doubt of all two hundred twenty-one counts. Ruzol then filed this appeal before the Supreme Court seeking to nullify the Sandiganbayan Decision.

Facts

Ruzol served as mayor of General Nakar, Quezon, from 2001 to 2004. Early in his term, he organized a Multi-Sectoral Consultative Assembly composed of civil society groups, public officials, and concerned stakeholders to regulate and monitor the transportation of salvaged forest products within the municipality. Among those present were Rogelio Delgado Sr., the Provincial Environment and Natural Resources Officer, and Bishop Julio Xavier Labayen, chairperson of an environmental non-government organization operating in the area. During the assembly, the participants agreed that the Office of the Mayor, through Ruzol, would issue permits to transport after payment of the corresponding fees to the municipal treasurer.

From 2001 to 2004, two hundred twenty-one permits to transport salvaged forest products were issued to various recipients. Forty-three of these bore Ruzol's signature, while the remaining one hundred seventy-eight were signed by Sabiduria, the municipal administrator.

In June 2006, on the basis of these permits, two hundred twenty-one Informations for violation of Article 177 of the Revised Penal Code were filed against Ruzol and Sabiduria. The Informations alleged that the accused, taking advantage of their official positions, issued permits to transport forest products under the pretense of official position and without being lawfully entitled to do so, such authority properly belonging to the Department of Environment and Natural Resources.

Issues

• Whether or not the Sandiganbayan erred in holding that the authority to issue permits to transport salvaged forest products lies exclusively with the Department of Environment and Natural Resources and was not devolved to the local government of General Nakar.
• Whether or not Ruzol is guilty of Usurpation of Official Functions under Article 177 of the Revised Penal Code for issuing the subject permits.

Applicable Provisions

Article 177 of the Revised Penal Code, as quoted in the decision, provides:

The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine Government or any agency thereof, or of a foreign government, without being lawfully entitled to do so.

This provision defines the crime of Usurpation of Official Functions and is the basis for the charges against Ruzol.

Ruling

On the first issue, the Supreme Court ruled in favor of Ruzol. The Court held that the authority to issue permits to transport salvaged forest products was validly exercised by the municipal mayor pursuant to the general welfare clause of Republic Act Number 7160, the Local Government Code, and the devolved functions of the Department of Environment and Natural Resources. The Court found that the Multi-Sectoral Consultative Assembly, attended by the Provincial Environment and Natural Resources Officer, had agreed that the Office of the Mayor would issue such permits after payment of fees to the municipal treasurer. The Court also noted that the permits contained the annotation "Subject to DENR rules, laws and regulations," showing that they were not intended to substitute for the certificates of timber or lumber origin issued by the Department of Environment and Natural Resources.

On the second issue, the Court ruled that Ruzol could not be convicted of Usurpation of Official Functions. The Court held that the element of "pretense of official position" was absent. Ruzol issued the permits in his capacity as municipal mayor, not under any pretense of being an officer of the Department of Environment and Natural Resources. The Court emphasized that the crime requires that the offender perform an act pertaining to a person in authority or public officer without being lawfully entitled to do so, under pretense of official position. Since Ruzol acted within the scope of his authority as mayor, there was no usurpation.

Doctrine

The doctrine established in this case is that the authority to issue permits to transport salvaged forest products may be exercised by a municipal mayor pursuant to the general welfare clause of the Local Government Code and the devolved functions of the Department of Environment and Natural Resources. The crime of Usurpation of Official Functions under Article 177 of the Revised Penal Code requires that the offender act under pretense of official position and without being lawfully entitled to do so. If the offender acts within the scope of his lawful authority, no usurpation occurs. The element of pretense is essential and must be proven beyond reasonable doubt.

Disposition

The Supreme Court granted the petition, reversed and set aside the Sandiganbayan Decision convicting Ruzol, and acquitted him of all charges.

Remember This

The single line worth memorizing is that a municipal mayor who issues permits to transport forest products under the general welfare clause and devolved functions of the Department of Environment and Natural Resources does not commit Usurpation of Official Functions because there is no pretense of official position. Examiners like to use this case to test the elements of Article 177 of the Revised Penal Code and the scope of local government powers under the Local Government Code.