Title
Nieves vs. People
Case
G.R. No. 237432-33
Decision Date
Apr 28, 2021
A DepEd official falsified a BAC resolution, bypassed public bidding, and granted unwarranted benefits to a supplier, violating anti-graft laws and falsifying documents. Conviction affirmed.

Case Digest (G.R. No. 237432-33)

Facts:

  • Background of the Case
    • Jesus Loretizo Nieves, the petitioner, was the Regional Director (and formerly officer-in-charge) of DepEd Regional Office No. IX (RO 9) in Zamboanga City during the time of the alleged transactions.
    • The case involves two criminal charges filed against Nieves:
      • Violation of Section 3(e) of Republic Act (RA) 3019 for causing unwarranted benefits, advantage, or preference; and
      • Falsification of Public Document under Article 171 of the Revised Penal Code (RPC).
  • Alleged Procurement Irregularities and Falsified Documentation
    • In Criminal Case No. SB-15-CRM-0073, it is alleged that on or about April 11, 2006 in Pagadian City, Nieves falsified records and forged the signatures of members of the Bids and Awards Committee (BAC) – specifically of Harpi A. Sali (BAC Vice Chairman), Virginia C. Amiruddin (Member), and Pilar J. Rico (Member).
    • The falsified BAC Resolution purportedly recommended direct contracting for the procurement of IT package materials worth PHP4,776,786.00 from Felta Multi-Media, Inc., in violation of the public bidding requirement under RA 9184.
  • Transaction and Financial Irregularities
    • The 2007 Annual Audit Report of DepEd-RO IX revealed major discrepancies:
      • Public funds amounting to nearly PHP99.58 million were not properly recorded.
      • Payments were made to non-existent entities (Exquisite Enterprises and Aphrodite Builders) and to Felta Multi-Media, Inc. for the IT package materials.
    • Specific reference is made to the release of PHP4,776,786.00 by the Department of Budget and Management (DBM) to DepEd-RO IX, which was disbursed to Felta but never recorded in the department’s official books.
  • Audit Findings, Investigations, and Disallowances
    • An Audit Observation Memorandum and a subsequent Notice of Suspension were issued by the audit team due to:
      • The absence of proper documentation such as a disbursement voucher or supporting papers for the transaction involving Felta.
      • Failure to record both the receipt of funds from the DBM and the disbursement to Felta in the accounting records.
    • The COA and subsequent state auditors questioned the genuineness of the BAC Resolution after investigating the whereabouts and actual deliberations of the alleged BAC members.
  • Testimonies and Evidence on the Alleged Falsification
    • Several BAC members, including Harpi, Virginia, Pilar, Amelia P. Torralba, and Dahlia A. Paragas, testified or submitted affidavits denying any meeting or the validity of the BAC Resolution dated April 11, 2006.
    • The testimonies confirmed:
      • The BAC did not meet on that date.
      • The signatures on the resolution were not genuine, as the signatories were in different locations at the time.
    • Additional evidence included audit reports, explanations from DepEd’s finance personnel, and submission of documents by the petitioner only after a notice of suspension was issued.
  • Defense Presented by Petitioner
    • Nieves maintained that he did not falsify the BAC Resolution, asserting that the document was already signed when it reached his office via the Supply Officer.
    • He argued there was no legal prohibition to release funds to an external creditor, supported by several documents such as obligation requests, delivery receipts, purchase orders, and the SARO issued by the DBM.
    • The defense asserted that the PDAF (Priority Development Assistance Fund) exemption from public bidding applied; however, it was countered by audit findings and the absence of supporting legal provisions.
  • Lower Court (Sandiganbayan) Proceedings and Decisions
    • On November 17, 2017, the Sandiganbayan found Nieves guilty beyond reasonable doubt of:
      • Violation of Section 3(e) of RA 3019, due to manifest partiality, evident bad faith, and gross inexcusable negligence which resulted in the unwarranted benefit given to Felta.
      • Falsification of Public Document under Article 171 of the RPC, relying on circumstantial evidence of forged signatures and the use of a falsified document to secure funds.
    • The Sandiganbayan sentenced Nieves to:
      • An indeterminate penalty of imprisonment ranging from six years and one month to a maximum of ten years, plus perpetual disqualification from holding public office, and ordered him to pay damages amounting to PHP4,776,786.00 in Criminal Case No. SB-15-CRM-0073.
      • In Criminal Case No. SB-15-CRM-0076, an indeterminate penalty from two years, four months, and one day to eight years and one day of imprisonment, along with a fine of PHP2,000.00.
    • His Motion for Reconsideration, filed on February 9, 2018, was denied.

Issues:

  • Whether the Sandiganbayan erred in ruling that the petitioner acted with evident bad faith, manifest partiality, and/or gross inexcusable negligence in processing the transaction with Felta Multi-Media, Inc.
    • Examination of whether the approval of the procurement without proper bidding and despite a DepEd moratorium constitutes such misconduct.
  • Whether the Sandiganbayan erroneously ruled that the petitioner forged the BAC Resolution dated April 11, 2006.
    • Evaluation of the evidence concerning the authenticity of signatures and the circumstances under which the resolution was allegedly executed.
  • Whether the evidence presented was sufficient to sustain a conviction beyond reasonable doubt for the crimes charged.
    • Assessment of the reliance on circumstantial evidence, especially concerning the falsification charge and the procurement irregularities.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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