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LtC. Roberto K. Guillergan vs. People of the Philippines

LtC. ROBERTO K. GUILLERGAN (Ret.), Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 185493 | 2011-02-02

 
 
SECOND DIVISION

D E C I S I O N

 

ABAD, J.:

This case is about the conviction of an accused for an offense other than that charged in the Information based on a claim that the essential elements of the offense of which he was convicted are also elements of the offense charged in the Information.

 

The Facts and the Case

On June 20, 1995 the Office of the Ombudsman indicted petitioner Roberto K. Guillergan (Guillergan) for estafa through falsification of public documents before the Sandiganbayan in Criminal Case 22904.1

 

The evidence shows that sometime in 1987, petitioner Guillergan, a Lieutenant Colonel in the...