G.R. No. 120391 - Amper vs. Sandiganbayan

Simplicio Amper, then Assistant City Engineer of Davao City, was charged with violating Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).
The alleged offense involved the unauthorized and personal use of a government-owned Allis Backhoe for treasure hunting, thereby causing undue injury to the government by way of wear and tear on the equipment.

On August 1, 1988, Filemon Cantela, while visiting acquaintances near the Guzman Estate in Matina District, Davao City, observed petitioner Amper scanning the area with a detector along with two others.

Cantela learned from Emilio Alvarez-Guzman, the landowner, that Amper and his companions were prospecting for hidden treasure.
There was apprehension that the petitioner might exploit his official position to use a government-owned backhoe for private purposes.

Cantela, informed by his asister-in-Christa, learned that Amper and five others had been seen clearing the premises and preparing to resume their treasure hunting later that night.
Together with members of the Civil Security Unit, Cantela conducted a surveillance operation around 8:30 in the evening.

Later that night, around 11:30, petitioner Amper arrived by vehicle along with companions. Shortly thereafter, a backhoe bearing the inscription of ownership by the Davao City government arrived at the scene.

Tobias Porta, a heavy equipment operator from the City Engineer’s Office, was observed operating the backhoe under petitioner's instructions.
Timoteo Borongan, Porta’s assistant, was also present during the excavation.

At approximately 2:15 a.m. on August 7, 1988, Mayor Rodrigo Duterte, accompanied by police, arrived at the scene and interrupted the excavation.
The mayor discovered that the petitioner was directing the backhoe’s use for treasure hunting rather than for any official government project.
Following the confrontation, petitioner's companions fled, leaving only Amper, Porta, and Borongan, who were then apprehended.

Petitioner Amper denied the charges, asserting that the backhoe in question had been officially leased by the Davao City government to Francisco Chavez of F.T. Chavez Construction for use on private property.
The defense also sought to introduce the testimonies of Francisco Chavez and Segundo Tan as newly discovered evidence.
However, these assertions were rejected since:

The defense failed to produce corroborative evidence or witnesses to support the claim.
The criteria for newly discovered evidence were not met because the evidence was not material enough to change the outcome and was allegedly available during trial if proper diligence had been observed.

Ultimately, after arraignment and trial proceedings, the Sandiganbayan convicted Amper, basing the conviction primarily on uniform and credible testimonies of prosecution witnesses, including eyewitnesses and the testimony of Mayor Duterte.

Whether the petitioner, by using his official position, was liable for violating Section 3(e) of RA No. 3019 through the unauthorized use of a government-owned backhoe for personal treasure hunting.
Whether the defense’s claim that the backhoe was properly leased to Francisco Chavez, thereby legitimizing its use, is valid under the evidence presented.
Whether the additional testimonies of Francisco Chavez and Segundo Tan, offered as newly discovered evidence, should have been admitted to overturn or modify the conviction.
Whether the eyewitness testimonies, including those of the mayor, the backhoe operator, and Filemon Cantela, are sufficiently credible and free from improper motive to underpin the conviction of the petitioner.