Case Digest (G.R. No. 81563)
Facts:
Arias v. The Sandiganbayan, G.R. Nos. 81563 and 82512, December 19, 1989, Supreme Court En Banc, Gutierrez, Jr., J., writing for the Court. The appeal arises from a Sandiganbayan conviction in SB Crim. Case No. 2010 involving the negotiated purchase of land for the Mangahan Floodway Project in Pasig.The prosecution charged six persons — including petitioners Amado C. Arias (then auditor of the Rizal Engineering District, Pasig) and Cresencio D. Data (then District Engineer) — with violating Section 3(e) of the Anti-Graft and Corrupt Practices Act (R.A. No. 3019) by causing undue injury to the Government through the negotiated purchase of 19,004 square meters of land allegedly overpriced at P80.00 per square meter instead of P5.00 per square meter as shown in certain tax declarations. The Sandiganbayan found that various supporting documents (tax declarations, certifications, technical descriptions) were falsified or forged, that a committee under Data processed the transaction, that the deed of sale was signed April 20, 1978, title was transferred June 8, 1978, and that Arias pre-audited and approved payment in October 1978; it convicted the six on November 16, 1987 and imposed imprisonment, perpetual disqualification, indemnity, and costs.
Post-conviction, the Solicitor General filed a consolidated comment recommending acquittal of Arias and Data; Tanodbayan Special Prosecutor Guerrero had earlier recommended dropping Arias. The petitioners filed consolidated petitions for review before the Supreme Court challenging the Sandiganbayan’s findings of conspiracy, gross negligence, and undue injury; the petitions were argued and the case was decided by the Court En Banc on December 19, 1989. The Court’s majority, authored by Ju...(Pro-only)
Issues:
- Was there sufficient evidence to prove beyond reasonable doubt that petitioners Arias and Data conspired to cause undue injury to the Government in violation of Section 3(e) of R.A. No. 3019?
- May the municipal assessor’s tax declaration valuing the land at P5.00 per square meter be treated as the correct market value for purposes of proving criminal overpricing and undue injury in a negotiated purchase?
- Can mere signing or approval of documents by a department head or auditor, without proof of personal, knowing, and deliberate participation, ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)