Facts:

This case revolves around Fidel V. Anacta, Jr., who, on January 10, 2005, was the Municipal Mayor of Borongan, Eastern Samar. He appointed Atty. Reynaldo A. Alconaba as a member of the Board of Directors of the Borongan Water District, representing the professional sector. However, this appointment was later deemed void by the Local Water Utilities Administration (LWUA) because Alconaba had lost his bid for municipal councilor in the May 2004 elections. Under Section 6, Article IX-B of the Philippine Constitution and Section 94 of Republic Act No. 7160, individuals who lose in elections are prohibited from being appointed to government positions within one year of their defeat. Consequently, Anacta was charged with violating Article 244 of the Revised Penal Code (RPC), which pertains to unlawful appointments of public officers.

The information filed against him specified that he appointed Alconaba despite knowing he was disqualified due to his recent loss in the elections. Anact

...

Facts:

Appointment of Alconaba as Director

• On January 10, 2005, while serving as the Municipal Mayor of Borongan, Eastern Samar, petitioner Fidel V. Anacta, Jr. appointed Atty. Reynaldo A. Alconaba as a member of the Board of Directors of the Borongan Water District, representing the professional sector.
• The appointment was subsequently referred to the Local Water Utilities Administration (LWUA) for confirmation, which declared it void because it was made within one year from the May 2004 elections, during which Alconaba lost his bid to become a municipal councilor.

Legal Basis of the Charge

• Petitioner was charged with violating Article 244 of the Revised Penal Code (RPC) for unlawful appointments.
• The charge was compounded by the provisions of Section 6, Article IX-B of the 1987 Constitution and Section 94 of Republic Act No. 7160, which together prohibit the appointment of losing candidates within one year after an election to any public office or positions in government-owned or controlled corporations.

Procedural Background and Testimonies

• During his arraignment on August 5, 2008, petitioner pleaded not guilty to the charge.
• In his testimony, petitioner admitted to being aware of the one-year prohibition for appointing losing candidates.
• Despite this knowledge, he proceeded with the appointment, arguing that his action was based on the recommendation of the Integrated Bar of the Philippines (IBP), Eastern Samar Chapter.
• Subsequent testimonial evidence, including exchanges with witnesses and justices during trial, confirmed that petitioner was aware that Alconaba had participated in the 2004 elections and lost, thereby rendering him ineligible under the statutory provisions.

Institutional Framework

• The Borongan Water District is identified as a government-owned or controlled corporation, making its Board of Directors’ appointments subject to the one-year disqualification rule.
• The statutory and constitutional prohibitions governing such appointments were clearly set out, with applicable references to the legal texts mentioned above.

Issue:

Error in the Sandiganbayan's Conviction

• Whether the Sandiganbayan erred in convicting petitioner under Article 244 of the RPC for unlawful appointments.
• Specifically, whether petitioner’s reliance on the recommendation of the IBP absolved him of the required element of knowledge regarding Alconaba’s disqualification.

Interpretation of "Legal Disqualification" under Article 244

• Whether the term "legal disqualification" should be interpreted to exclude temporary disqualifications such as the one-year prohibition under Section 6, Article IX-B of the Constitution and Section 94(b) of RA 7160.
• If temporary disqualification qualifies as sufficient legal basis to establish the elements of the crime of unlawful appointments.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)