DAlburquerque ex-mayor Jose Ugdoracion, Jr. was acquitted recently of the criminal complaint of falsification of public document after Presiding Judge Emma Eronico-Supremo found no ground to convict him due to reasonable doubt and insufficiency of evidence. In a 10-page decision, Judge Supremo dismissed the falsification rap which stemmed from the disqualification case filed by ex-mayor Efren Tungol. Ugdoracion was indeed disqualified after the Commission on Election en banc found him to be a green card holder and therefore an American citizen. With his Certificate of Candidacy indicating that he was not a permanent resident of, or immigrant to a foreign country, the former mayor was charged with falsification of public document. Despite his disqualification case dangling over his head, Ugdoracion went on to win the mayoralty contest in 2007 against Epfraim Tungol, son of the complainant. It was until the Comelec en banc found him to be an American citizen resulting in his disqualification. To appease his loss of the mayoralty seat, Ugdoracion was appointed as member of the Sangguniang Bayan after the number one councillor rose to become the vice mayor resulting in the vacancy of the eight position.

COURT FINDINGS

In dismissing the criminal case, Judge Supremo resolved the main issue of whether or not the accused made untruthful statement in the narration of facts, thus committed falsification of public document. According to the court, the offense charged in the information fell under Article 172, paragraph 1 of the Revised Penal Code (falsification of public or official or commercial document) in relation to paragraph 4 of Article 171 of the same code. The elements of the offense charged are the following: That the offender is a private individual or a public officer or employee who did not take advantage of his public position; That he committed any of the acts of falsification enumerated in Article 171; That the falsification was committed in a public or official or commercial document. Based from the evidence presented, Elements No. 1,2 &3 were present. The court said the accused was a private individual and there was no question that the alleged falsification was committed in a public document.