G.R. No. 176546 - Ong vs. People

Felicitas P. Ong, in her capacity as Mayor of Angadanan, Isabela, was responsible for the procurement of supplies and equipment for the municipality.
During her term, she undertook the purchase of an Isuzu dump truck intended for official use by the local government.

On August 12, 1996, the petitioner purchased an Isuzu dump truck, bearing Plate Number T-BBB-206, for P750,000.00 from Josephine Ching of J.C. Trucking.
The procurement was executed without undertaking the requisite public bidding process or securing a resolution from the Sangguniang Bayan.

On March 26, 1997, a letter-complaint was filed against petitioner by her successor, Mayor Diosdado Siquian, and several Sangguniang Bayan members.
The complaint accused her of malversation of public funds and property, particularly asserting that the dump truck was grossly overpriced as it could have been acquired for a lower amount (P500,000.00) compared to the purchase price.
On August 14, 1997, the Graft Investigation Officer, Germain G. Lim, initially found no probable cause against her; however, subsequent reconsideration led to her indictment for violating Section 3(e) of Republic Act No. 3019, also known as the Anti-Graft and Corrupt Practices Act.

Ramon De Guzman Sevilla testified that similar dump trucks were available at prices ranging from P190,000.00 to P490,000.00.
Sangguniang Bayan members and complainants, Ruben P. Lappay and Mirasol P. Lappay, testified that there was no public bidding or formal resolution, and the vehicle’s condition was substandard (reconditioned, with worn tires and an old battery).
Price quotations confirmed that a quality dump truck could have been acquired for no more than P500,000.00.

The municipality had appropriated P1,000,000.00 for the purchase.
The negotiated purchase was conducted in accordance with COA Resolution Nos. 95-244 and 95-244-A, which she argued exempted her from the public bidding requirement.
The dump truck was declared fit and in good running condition by the Regional Engineer from the COA, and no disallowance notice was issued by said agency.

On January 12, 1999, petitioner was arraigned, entering a plea of “Not guilty.”
The Sandiganbayan, on November 13, 2006, found petitioner guilty beyond reasonable doubt of violating Section 3(e) of RA No. 3019.

The court determined that her failure to follow the proper procurement procedure (i.e., securing a public bidding or obtaining a Sangguniang Bayan resolution) amounted to gross and inexcusable negligence.
It was found that the procurement process resulted in undue injury to the municipality, as the dump truck was overpriced, causing a damage of P250,000.00.

The penalty imposed included an indeterminate prison term (minimum of six years and one month, maximum of ten years and one day) along with perpetual disqualification from public office.
The petition for review seeking to reverse this decision was subsequently denied by the Court of Appeals.

Whether the purchase of the dump truck without a public bidding was justified under COA Resolutions Nos. 95-244 and 95-244-A.
Whether the negotiated purchase adhered to the requirements set under Section 366 and Section 369 of the Local Government Code (RA No. 7160).

Whether the petitioner, as a public officer, acted with manifest partiality, evident bad faith, or gross inexcusable negligence in purchasing the dump truck.
Whether her actions caused undue injury to the municipality by resulting in an overpriced transaction.

Whether the Sandiganbayan’s factual findings, based on testimonies and price quotations, were conclusive and not contrary to evidence on record.
Whether the exceptions to the conclusiveness of factual findings (speculation, manifest error, abuse of discretion, misapprehension of facts) applied in this case.