REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

BRANCH 50, LUCENA CITY

THE PEOPLE OF THE PHILIPPINES.

Complainant CRIMINAL CASE NO. 13382-G

FOR: Malversation of Public Funds
Thru Falsification of Public Documents

-versus-

JAMES YAP “MAYOR”

KRIS AQUINO “MUNICIPAL TREASURER”
Respondent

x------------------------------------x

INFORMATION
The undersigned accuses JAMES YAP “MAYOR” AND KRIS AQUINO
“CITY TREASURER, a resident of RGR Subdivision Barangay Kanluran
Mayao, Lucena City Quezon, Philippines for the complex crime of
MALVERSATION OF PUBLIC FUNDS THRU FALSIFICATION OF PUBLIC
DOCUMENTS under
Article 217 paragraph 4 Malversation of Public funds of the
Revised Penal Code;
That on or about 5 January 2018 and 20 February 2018, or
sometime prior or subsequent thereto, in the City of Lucena, Province of
Quezon Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused, both public officers, then being the Mayor and City
Treasurer, respectively, both of the City of Lucena, Quezon who by reason of
their said respective office, are accountable for public funds or properties,
committing the complex crime charged herein while in the performance of, in
relation to and/or taking advantage of their official positions and functions as
such, and conspiring and confederating with one another, did then and there,
willfully, unlawfully and feloniously appropriate, take or misappropriate public
funds of the Local Government Unit (LGU) of Lucena City, Quezon under their
charge and custody in the amount of P166,242,72, Philippine currency, under
the check dated 20 February 2018 intended for the simulated disbursement
and payment thereof in favor of La Luna Sangre Construction (LLSC) relative
to the fictitious contract for the upgrading of the barangay roads in Barangay
Looc, Nagbayan, Magsaysay and San Pablo, Castillejos, Quezon by means
of falsifying the corresponding disbursement voucher no. 101-9803-328,
certificates of inspection and acceptance, contract between LLSC and the
LGU of Lucena, Quezon, price quotation, purchase order, and LLSC official
receipt number 000999 dated 5 January 2018, to falsely make it appear that
LLSC entered into, undertook and completed the said contract and received
the aforesaid amount as payment therefor from the LGU of Lucena, Quezon,
when in truth and in fact, LLSC neither entered into, undertook and completed
the aforesaid contract nor received from the LGU of Lucena, Quezon the said
sum of money or any part thereof, to the damage and prejudice of the City of
Lucena, Quezon and the public interest in the aforestated amount.

CONTRARY TO LAW.

MARY GRACE A. EMPRESE

Assistant City Prosecutor
Lucena City, Quezon

Witnesses:
1. Kim Chiu
2. Piolo Pascual
3. Nadine Lustre

NO BAIL RECOMMENDED

CERTIFICATION

I hereby certify that the foregoing Information is filed pursuant to Section 4,

Rule 112 of the 2000 Rules on Criminal Procedures: that I have personally examined
the evidence for the complainant and that there is a reasonable ground to believe
that the crime of Malversation of Public Funds thru Falsification of public
documents has been committed and the two (2) accused is probably guilty thereof;
that the two (2) accused was informed of the complaint and of the evidence
submitted against; and that two (2) accused were given an opportunity to submit
a controverting evidence.

SUBSCRIBED AND SWORN to before me this March 15, 2018, Lucena City, Quezon

MARY GRACE A. EMPRESE

Assistant City Prosecutor
Lucena City, Quezon