Case Digest (G.R. No. 170339)
Facts:
Petitioner Rolando E. Sison served as the Municipal Mayor of Calintaan, Occidental Mindoro, from July 1, 1992 to June 30, 1995, while Rigoberto de Jesus was the Municipal Treasurer. On July 18, 1994, State Auditor Elsa E. Pajayon conducted a post-audit that revealed no public bidding was held for purchases of a Toyota Land Cruiser, 119 bags of cement, an electric generator set, various construction materials, two tires, and a computer with accessories. The audit further exposed irregular documentation supporting these acquisitions. Consequently, on June 4, 1998, the Sandiganbayan indicted Sison and de Jesus in seven separate informations for violations of Section 3(e) of Republic Act (RA) 3019. Sison pleaded not guilty on June 24, 1999. During trial, Pajayon testified and Sison admitted he resorted to personal canvass because local suppliers were allegedly unavailable. On November 14, 2005, the Sandiganbayan convicted him of seven counts of graft, sentencing him to imprisonmentCase Digest (G.R. No. 170339)
Facts:
- Parties and Positions
- Rolando E. Sison served as Municipal Mayor of Calintaan, Occidental Mindoro (a fourth-class municipality) from July 1, 1992 to June 30, 1995.
- Rigoberto de Jesus was Municipal Treasurer during the same period.
- Audit Findings and Indictment
- On July 18, 1994, State Auditor Elsa E. Pajayon conducted a post-audit and found that during Sison’s incumbency:
- No public bidding was conducted for the purchase of various items (Toyota Land Cruiser, 119 bags of cement, an electric generator set, construction materials, two tires, and a computer with accessories).
- Supporting documents for these acquisitions contained irregularities.
- On June 4, 1998, seven separate Informations were filed in the Sandiganbayan charging Sison and de Jesus with seven counts of violation of Section 3(e) of Republic Act (RA) 3019 (the Anti-Graft and Corrupt Practices Act).
- Trial Proceedings and Conviction
- Prosecution’s Sole Witness: Pajayon narrated the above audit findings; prosecution rested and offered exhibits.
- Defense Testimony: Sison admitted no public bidding took place and that purchases were effected through “personal canvass” because suppliers were allegedly all based in Manila.
- Sandiganbayan Decision (November 14, 2005): Found Sison guilty on all seven counts, sentencing him to six years and one month to ten years’ imprisonment per count plus perpetual disqualification from public office; ordered an alias warrant against de Jesus.
- Appeal: Sison appealed under Rule 45 of the Rules of Court, seeking acquittal for lack of proof beyond reasonable doubt.
- Supreme Court Proceedings
- Issue on Procurement Law: Whether Sison’s resort to personal canvass complied with the mandatory requirements of RA 7160 (Local Government Code of 1991), specifically Sections 364 (Committee on Awards composition) and 367 (limits and procedures for personal canvass).
- SC Findings:
- The personal canvass was effected solely by Sison (without the required committee members), signatures of the municipal accountant and budget officer were absent, and no Sanggunian member replaced the dual-capacity head of office.
- Purchases exceeded the P20,000 monthly threshold for fourth-class municipalities.
- Sison admitted pre-signing canvass forms and disregard of RA 7160 based on custom.
- SC Holding (March 9, 2010): Appeal dismissed; Sison’s conviction affirmed.
Issues:
- Whether petitioner’s use of personal canvass complied with the mandatory requirements of RA 7160 (Sections 364 and 367).
- Whether non-compliance with these procurement rules constitutes corrupt practice under Section 3(e) of RA 3019.
- Whether the elements of Section 3(e) are present, specifically manifest partiality, evident bad faith, or gross inexcusable negligence, and undue injury or unwarranted benefit.
- Whether the penalty imposed by the Sandiganbayan was proper and in accordance with law.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)