G.R. No. 122166 - Llorente, Jr. vs. Sandiganbayan

Cresente Y. Llorente, Jr., then municipal mayor of Sindangan, Zamboanga del Norte, was charged with violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) for willfully refusing to sign and approve payrolls and vouchers representing the salaries and other emoluments of Leticia G. Fuertes, the Assistant Municipal Treasurer, thereby causing undue injury.
The charge was based on an Information filed on October 22, 1992. Llorente pleaded not guilty at arraignment.

Fuertes was Assistant Municipal Treasurer since October 18, 1985, but detailed to other municipalities/offices from 1986 to June 1990, returning to Sindangan in July 1990.
Upon return, she was denied office equipment, assignments, and her daily time record and leave applications were not acted upon. The Sangguniang Bayan (Municipal Council) passed Resolution No. SB 214 objecting to her assignment, presided over by Llorente.
Fuertes filed a Petition for Mandamus with Damages on May 22, 1991 for unjustified refusal of Llorente to sign and approve her payrolls and vouchers covering salaries and allowances from mid-1989 to 1991.
A compromise agreement was entered into on August 27, 1991, wherein the Mayor bound himself to sign and approve all vouchers/payrolls for Fuertes’ unpaid claims and subsequent payments.
Despite the agreement, Llorente failed to fully comply, causing Fuertes to file a Motion for Execution; a Writ of Execution was issued and served in September 1991.
Fuertes received partial payments covering salaries from January to August 1991 and full payments only on January 4, 1993, except for representation and transportation allowance (RATA), paid in July 1994.

Fuertes’ failure to submit required money and property clearances as per COA regulations and Local Government Code.
Delay in enactment of supplemental budget by Sangguniang Bayan and need for certification of funds before disbursement.
Receipt of a demand from Municipality of PiAan for reimbursement due to alleged overpayment to Fuertes, necessitating time to verify the claim.

Llorente claimed Fuertes was receiving her regular salary since January 1991 as her name was included in the regular budget.
He instructed the municipal budget officer to prepare the supplemental budget for Fuertes’ unpaid claims.
The supplemental budget was eventually enacted in December 1992; funds became available, and vouchers were immediately approved and paid.
He argued the non-passage of the appropriation ordinance and lack of certifications constituted legal obstacles for payment, negating evident bad faith.

Sandiganbayan found Llorente guilty beyond reasonable doubt for violation of Section 3(e) of RA 3019.
The Court ruled that the delay was unreasonable and caused undue injury to Fuertes, the sole breadwinner, who suffered financial difficulties.
The failure to require money and property clearance was held to be an afterthought by Llorente; the clearance requirement was not enforced nor raised timely as a defense.
The supplemental budget argument was dismissed; it was Llorente’s duty as mayor to prepare and submit the budget.
The Court concluded Llorente acted with evident bad faith to harass Fuertes in favor of a political protégé.
Sentenced to imprisonment of six years and one month to seven years, perpetual disqualification from public office, and payment of costs.

Llorente filed a petition for review with the Supreme Court after the Sandiganbayan denied his motion for reconsideration.

Whether Llorente’s failure or refusal to sign and approve Fuertes’ vouchers is punishable under Section 3(e) or Section 3(f) of RA 3019.
Whether Llorente’s duty to sign and approve arose only after the Sangguniang Bayan passed the appropriation ordinance (i.e., was non-passage a justifiable reason for refusal).
Whether Fuertes suffered “undue injury” as required under Section 3(e) given that she was eventually paid all claims.
Whether Llorente acted with evident bad faith or whether the delay had legal justification.