G.R. No. 175457 - Ambil vs. Sandiganbayan

Atty. David B. Loste, President of the Integrated Bar of the Philippines (IBP), Eastern Samar Chapter, sent a letter to the Office of the Ombudsman requesting an investigation into the alleged unauthorized transfer of detention prisoner Mayor Francisco Adalim from the Eastern Samar provincial jail to the private residence of then-Governor Ruperto A. Ambil, Jr.
NBI Report dated January 4, 1999 recommended filing charges against Governor Ambil, Jr. for violating Section 3(e) of R.A. No. 3019 (Anti-Graft and Corrupt Practices Act).
Despite the IBP later withdrawing interest in pursuing the case, the Office of the Ombudsman filed Information on January 31, 2000 charging Ambil, Jr. and Provincial Warden Alexandrino R. Apelado, Sr., with violation of Section 3(e), later amending the charge to include Delivering Prisoners from Jail under Article 156 of the Revised Penal Code for Ambil and Apelado.

Mayor Francisco Adalim, arrested on September 6, 1998, was charged with murder in RTC Borongan, Eastern Samar, and detained at the provincial jail.
On the advice of Adalim's lawyers citing threats and poor security in the jail, Governor Ambil ordered the unlawful transfer of Adalim to his private residence, where he stayed for about 85 days without court authority.
Warden Apelado complied with the governor’s order despite the absence of a court order, citing the bad condition of the jail, lack of sufficient guards, and presence of prisoners aligned with political enemies of Adalim.

Petitioners pleaded not guilty but admitted to facts of taking custody of Adalim at Ambil’s residence.
Petitioners argued the transfer was justified to protect Adalim from imminent threat and cited the governor’s purported authority as provincial jailer under Administrative Code of 1917 and R.A. No. 6975.
Testimonies from Ambil, Apelado, Adalim and Atty. Juliana A. Adalim-White established the sequence of events and justification based on security threats.
Prosecution rested after documentary exhibits; defense presented three witnesses.
The Sandiganbayan denied petitioners’ demurrer to evidence and convicted them based on violation of Section 3(e) of R.A. No. 3019.

Governor Ambil was sentenced to imprisonment from 9 years, 8 months and 1 day to 12 years, 4 months.
Warden Apelado was sentenced to 6 years, 1 month to 9 years, 8 months, with appreciation of incomplete justifying circumstance of obedience to superior.

Whether Section 3(e) of R.A. No. 3019 applies to the case involving Governor Ambil.
Whether a public officer such as the petitioner can be considered a private party under Section 3(e).
Whether Ambil acted with deliberate intent, manifest partiality, evident bad faith, or gross inexcusable negligence.
Whether as provincial governor and jailer under the Administrative Code and R.A. 6975 Ambil has authority to take custody of a detention prisoner.
Whether petitioners are entitled to the justifying circumstance of fulfillment of duty or lawful exercise of office.
Whether the prosecution failed to prove guilt beyond reasonable doubt.
Whether Apelado's conviction involved misapprehension of facts or law, lack of proof of conspiracy, and improper basis for giving undue benefits.