Case Summary (G.R. No. 219352)
The Facts
On January 10, 2005, while serving as the Municipal Mayor of Borongan, Eastern Samar, Anacta appointed Atty. Reynaldo A. Alconaba to the Board of Directors of the Borongan Water District. However, the Local Water Utilities Administration (LWUA) later voided this appointment, citing a prohibition against appointing Alconaba due to his loss in the May 2004 municipal elections. The case against Anacta was based on accusations of unlawful appointments as delineated under Article 244 of the RPC, Article IX-B of the Constitution, and R.A. No. 7160.
Allegations and Charges
The information filed against Anacta detailed the illegal nature of the appointment, asserting that he, as a public officer, knowingly appointed Alconaba despite his ineligibility due to the one-year prohibition following a failed electoral candidacy. Anacta's arraignment occurred on August 5, 2008, where he entered a plea of not guilty.
The Sandiganbayan's Ruling
The Sandiganbayan found Anacta guilty of the unlawful appointment under Article 244 of the RPC. He was sentenced to imprisonment for a period ranging from two months and one day to four months and a fine of P1,000. The court established that Anacta was aware of Alconaba’s disqualification, which was reinforced by Anacta's own admission regarding his knowledge of the one-year prohibition against appointing losing candidates.
Legal Framework and Violations
The relevant laws define the crime of unlawful appointments, stipulating that a public officer who knowingly appoints an individual lacking qualifications incurs penalties. The court cited the specific provisions which mandate that no losing candidate may be appointed to any office within one year post-election, particularly referencing Alconaba's candidacy and subsequent loss in the 2004 elections.
Anacta's Defense and Court's Findings
Anacta contended that he relied on recommendations from the Integrated Bar of the Philippines (IBP) and claimed ignorance of Alconaba’s disqualification. However, the court determined that Anacta’s position as the appointing authority endowed him with the discretion to reject such recommendations, thereby asserting that he could not escape liability based on the assertions of good faith. His awareness of the laws surrounding the disqualification for appointment negated his defense.
Application of Relevant Precedents
The Sandiganbayan’s ruling was further supported by precedents which confirmed that the leg
...continue readingCase Syllabus (G.R. No. 219352)
The Case
- This case is a petition for review from Fidel V. Anacta, Jr. challenging the Sandiganbayan's Decision dated April 7, 2015, and Resolution dated June 23, 2015.
- The Sandiganbayan found Anacta guilty of unlawful appointments as defined under Article 244 of the Revised Penal Code (RPC).
- The case number is SB-07-CRM-0012.
The Facts
- On January 10, 2005, while serving as the Municipal Mayor of Borongan, Eastern Samar, Anacta appointed Atty. Reynaldo A. Alconaba to the Board of Directors of the Borongan Water District, representing the professional sector.
- The Local Water Utilities Administration (LWUA) later declared Alconaba's appointment void due to a legal prohibition, as Alconaba had lost in the May 2004 elections for a municipal councilor position.
- Anacta was charged with violating Article 244 of the RPC in conjunction with Section 6, Article IX-B of the Philippine Constitution and Section 94 of Republic Act No. 7160 (Local Government Code).
- The Information stated that Anacta, in his capacity as Municipal Mayor, appointed Alconaba despite being aware of the prohibition against appointing losing cand