Case Digest (G.R. No. 240947)
Facts:
Petitioners Darius F. Josue, Eden M. Villarosa, Angelito C. Enriquez, Leonardo V. Alcantara, Jr., and Lino G. Aala were public officers of the Bureau of Communications Services who, together with deceased co-accused Eduardo M. Varona, were charged in an Information dated August 20, 2009 with violating Section 3 (e) of Republic Act No. 3019 for allegedly giving unwarranted benefit to Ernest Printing Corporation by awarding a lease‑purchase of a Heidelberg offset press without public bidding or approved capital outlay and by paying P850,000.00 upon signing. The Sandiganbayan convicted the petitioners in its Decision dated May 25, 2018, denied their motion for reconsideration in its Resolution dated July 30, 2018, and the cases were consolidated on appeal to the Court.
Issues:
- Did the Sandiganbayan correctly convict the petitioners of violating Section 3 (e) of RA 3019?
Ruling:
The petition was denied and the Sandiganbayan Decision dated May 25, 2018 and Resolution dated July 30, 2018 were affirmed. Petitioners were found guilty beyond reasonable doubt of violation of Section 3 (e) of RA 3019 and each was sentenced to suffer the indeterminate penalty of imprisonment of six (6) years and one (1) month, as minimum, to eight (8) years, as maximum, with perpetual disqualification from public office and forfeiture of retirement or gratuity benefits.
Ratio:
The Court held that the prosecution proved the elements of Section 3 (e) of RA 3019: that petitioners were public officers; that they acted with manifest partiality, evident bad faith, or gross inexcusable negligence by proceeding despite the absence of approved capital outlay and competitive bidding and by improperly using the MOOE; and that their acts caused undue injury and gave unwarranted advantage to Ernest Printing by accepting a second‑hand unit, dispensing with post‑qualification, and effecting immediate full payment. The Court rejected petitioners' reliance on AO 103 because it cannot authorize expenditures contrary to the constitutional command that no money shall be paid out of the Treasury except pursuant to an appropriation (Paragraph 1, Section 29, Article VI of the Constitution), and it held that administrative exoneration does not bar criminal liability and that conspiracy may be inferred from their collective acts.
Doctrine:
- Section 3 (e) of RA 3019 requires proof that the accused is a public officer, acted with manifest partiality, evident bad faith, or gross inexcusable negligence, and caused undue injury or gave unwarranted benefit.
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