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Quezon City
FIRST DIVISION
- versus - Present:
Promulgated on:
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/1. Mfft
DECISION
DE LA CRUZ, J.
'Sitting as Special Member of the First Division as per Administrative Order No. 317-2016, dated November 18,2016.
"Sitting as Special Member of the First Division as per Administrative Order No. 327-2016, dated November 25, 2016.
DECISION
pp vs. Leo A. Acbo
Crim. Case No. 25118
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8. Since the accused left the country on May 29, 1998, he had
returned to the Philippines only on March 23, 2015.
Page 3 of 13
)(- ------------------------------------------------------- )(
Exhibit Documents
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Page 5 of 13
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Page 60f13
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THE FACTS
A day before accused Acbo left the country for the US, he
issued on May 27, 1998, a Memorandum designating Councilor
Pedrito A. Eisma as officer-in-charge effective May 28, 1998 until
his (Acbo) return from an official travel to Manila on June 3 and 4,
1998.
Accused Acbo left the country for the US on May 28, 1998
and returned to the Philippines only on May 23, 2015.
DISCUSSION
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MEMORANDUM
SUBJECT DESIGNATION
xxx.
"Exhibit A
DECISION
pp vs. Leo A. Acbo
Crim. Case No. 25118
Page 8 of 13
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xxx
xxx
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charge from May 28, 1998, Acbo specified that his official travel to
Manila would cover from June 3 to 4, 1998. This interpretation is
reconcilable with Acbo's admission at the pre-trial that the
declaration in the memorandum that he was on official leave of
absence on May 27, 1998 was based on his prior application for
leave of absence made when he was still a member of the
Sanggunian.
Page 10 of 13
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The Court does not also discern from the record any
competent evidence to prove that the non-disclosure of Acbo about
his travel abroad was intended to deprive Vice Mayor Principe the
right to discharge the office of the local chief executive in the
absence of Acbo. Principe was not presented in Court to at least
testify on matters from which to deduce the possibility that Acbo
was motivated by ill-will against him (Principe). On the contrary,
Acbo testified that he and Principe were friends, and the latter even
readily executed an affidavit of desistance in 2006.
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charge was only until Acbo's return from his official travel to Manila
on June 3 and 4, 1998.
Page 12 of 13
SO ORDERED.
WE CONCUR:
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ATTESTATION
EFREN ~~ LA CRUZ
Chairperl:ln~~rstDivision
CERTIFICATION