SECOND DIVISION
[G.R. Nos. 180956-57. August 5, 2015.]
PEOPLE OF THE PHILIPPINES,petitioner,vs. JOEL E. CUENTO, CESAR S. JUMAWAN, RONELIA D. EUSEBIO, HON. SANDIGANBAYAN (THIRD DIVISION),respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 05 August 2015 which reads as follows:
"G.R. Nos. 180956-57 — People of the Philippines v. Joel E. Cuento, Cesar S. Jumawan, Ronelia D. Eusebio, Hon. Sandiganbayan (Third Division)
This Court has reviewed the August 7, 2007 Decision of the Sandiganbayan and is convinced that petitioner failed to clearly show that the former acted with grave abuse of discretion amounting to lack or excess of jurisdiction in acquitting the respondents. The Sandiganbayan committed no error in its determination of lack of cause of action and failure to prove beyond reasonable doubt the guilt of the private respondents.
The prosecution tended to prove through its evidence the falsification of the excerpts of the minutes of the Sangguniang Bayan session on April 10, 2000. This circumstance, however, was not alleged or included in the Informations. The Informations were silent as to what document was falsified to indicate that the subject resolutions were passed. An accused cannot be convicted of a crime under a mode of commission different from that alleged in the Information for that would jeopardize the accused's right to be informed of the true nature of the offense he is being charged with.
Besides, the arguments raised by petitioner are not errors involving jurisdiction but one of judgment which is beyond the province of the extraordinary remedy of certiorari. Certiorari will not be issued to cure errors of the trial court in its appreciation of the evidence of the parties or its conclusions anchored on the said findings and its conclusions of law. It does not include an inquiry as to the correctness of the evaluation of evidence. 1
WHEREFORE, premises considered, the instant Petition for Certiorari is DISMISSED for lack of merit. The August 7, 2007 Decision of the Sandiganbayan in Criminal Case Nos. 26506 and 26507 are hereby AFFIRMED.
SO ORDERED.
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. Soriano v. Ombudsman Marcelo, 610 Phil. 62 (2009).