Case Digest (G.R. No. 242539)
Facts:
In the landmark case Vener D. Collao vs. People of the Philippines (G.R. No. 242539, February 1, 2021), petitioner Vener D. Collao served as Barangay Chairman of Barangay 780, Zone 85, District V, City of Manila, during his third term. In March 2012, Franco G.C. Espiritu, operating as FRCGE Trading, was awarded a P134,200.00 contract to deliver construction materials for a basketball court and sports equipment for the Sangguniang Kabataan. Collao approved Purchase Order No. 01-12, the Acceptance and Inspection Report, and Disbursement Voucher No. 12-04-04 to facilitate payment. Unbeknownst to the public, Collao demanded and received P40,000.00—30% of the contract price—via BDO Check No. 0041017 dated March 23, 2012, and signed an acknowledgment receipt in the presence of Espiritu’s liaison officer, Gina Cabilan. After Espiritu completed delivery, he was paid P127,010.72. Espiritu filed a complaint with the Office of the Ombudsman, leading to Collao’s indictment on January 16, 20Case Digest (G.R. No. 242539)
Facts:
- Background and Parties
- Vener D. Collao was Barangay Chairman of Barangay 780, Zone 85, District V, Manila, serving three terms, including in 2012.
- Franco G.C. Espiritu, operating as FRCGE Trading, contracted with Barangay 780 for supplies and materials for a basketball court and SK equipment, valued at ₱134,200.00.
- Commission Demand and Payment
- Collao allegedly demanded a 30% “commission” of ₱40,000.00 from Espiritu in March 2012.
- Espiritu issued BDO Check No. 0041017 dated March 23, 2012, for ₱40,000.00; Collao signed an acknowledgment receipt on the same date.
- Prosecution Evidence
- Witnesses: Espiritu (complainant), Gina Cabilan (liaison officer), and Amorsolo Enriquez (stipulated as account officer).
- Documents: Purchase Order No. 01-12 (₱134,200.00), BDO check, acknowledgment receipt, Acceptance and Inspection Report, Disbursement Voucher, complaint affidavit, BIR ID of Cabilan.
- Defense Case
- Collao denied demanding or receiving any commission, alleging forgery of his signature and driver’s license number on the check and receipt.
- He claimed the ₱40,000.00 represented a personal debt, not related to the barangay project.
- RTC Decision (April 26, 2017)
- Convicted Collao of violating Section 3(b) of RA 3019; sentenced to six years and one day to six years and six months imprisonment, perpetual disqualification, and indemnity of ₱40,000.00.
- Found the check and receipt signatures genuine; rejected forging theory as implausible.
- Sandiganbayan Decision (May 25, 2018)
- Affirmed the RTC ruling in toto, giving full credence to prosecution witnesses.
- Held minor inconsistencies immaterial; trial court’s witness-credibility findings entitled to highest respect.
Issues:
- Whether the Sandiganbayan correctly convicted Collao of violating Section 3(b) of RA 3019 for requesting and receiving a commission in connection with a barangay contract.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)