Case Summary (G.R. No. 100728)
Background of the Incidents
In January 1991, Lim and Bon sought to acquire stalls in the Cogon Public Market and were referred to Bongcac. He presented them with minutes from a City Market Committee meeting that included their names as awardees. However, he suggested that they provide additional financial contributions for the construction of the stalls, which resulted in Lim and Bon issuing checks totaling P102,000. Bongcac issued receipts but failed to deliver the stalls or provide an accounting for the funds. Consequently, Lim and Bon filed complaints, leading to Bongcac facing two counts of Estafa under Article 315 of the Revised Penal Code.
Judicial Proceedings
Bongcac pleaded not guilty during his arraignment, but the Sandiganbayan found him guilty on 28 March 2001. He was sentenced to a total of over 15 years of imprisonment across both criminal cases and ordered to indemnify Lim and Bon, alongside attorney's fees. Following the verdict, Bongcac filed a motion for reconsideration, which was denied. He subsequently appealed to the Supreme Court but the petition was dismissed due to lack of merit, leading to the decision becoming final on 2 April 2002.
Attempt to Delay Execution
In December 2002, Bongcac sought to delay the execution of the Sandiganbayan's judgment through a "Very Urgent Petition for Extraordinary Relief," arguing it should be reconsidered. The Sandiganbayan denied his request to suspend the proceedings, resulting in a bench warrant for his arrest. The Supreme Court also dismissed Bongcac's subsequent petitions on the basis of them being dilatory tactics intended to delay the inevitable execution of the final judgment.
Legal Principles Applied
The Supreme Court underscored the immutability of final judgments, stating that execution serves as the ultimate conclusion to a judicial process. Once a judgment becomes final and executory, it cannot be altered or set aside except under specific circumstances, such as clerical corrections or if the judgment is deemed void. The Court reiterated that a
...continue readingCase Syllabus (G.R. No. 100728)
The Facts
- The Mayor of Tagbilaran City, Jose V. Torralba, appointed Panfilo D. Bongcac (the petitioner) as the Mayor's representative to the City Market Committee and other advisory roles.
- In January 1991, respondents Engr. Fortunato Lim and Toribio Bon sought to apply for stalls in the Cogon Public Market and were directed to Bongcac.
- Bongcac presented the Minutes from a City Market Committee meeting indicating Lim and Bon as awardees for market stalls.
- He informed them of the city's inability to construct a new market and solicited additional payments for the construction of the stalls.
- Lim provided a BPI check worth P62,000, while Bon issued two Metrobank checks totaling P40,000 (P30,000 and P10,000).
- Handwritten receipts were issued to Lim and Bon by the petitioner, promising timely completion of their stalls.
- Following Bongcac's termination as market consultant, Lim and Bon demanded an accounting for their payments or completion of the promised stalls, to which Bongcac failed to respond.
- As a result, Bongcac was charged with two counts of Estafa under Article 315, 1(b) of the Revised Penal Code, leading to Criminal Case Nos. 18005 and 18006.
- Bongcac pleaded not guilty upon arraignment, and the trial proceeded jointly for both cases.
The Sandiganbayan's Decision
- On March 28, 2001, the Sandiganbayan found Bongcac guilty of Estafa:
- In Criminal Case No. 18005, Bongcac was sentenced to imprisonment ranging from 4 years an