Case Summary (G.R. No. 216745-46)
Petitioner and Respondents
Petitioner: Edmundo Jose T. Buencamino
Respondents: People of the Philippines; Sandiganbayan Special Fifth Division
Key Dates
Commission of acts: July 2004
Sandiganbayan decision: February 18, 2015
Supreme Court decision: November 10, 2020
Applicable Law
1987 Constitution (public officers’ presumption of innocence)
Republic Act No. 3019, Section 3(e) (Anti-Graft and Corrupt Practices Act)
Facts of the Case
Petitioner imposed a “pass-way” fee of ₱1,000 per truck on RMDC’s marble deliveries along municipal roads, allegedly without a valid ordinance. He authorized a private individual, Robert Tabernero, to collect fees and allegedly ordered the police to impound two RMDC trucks for nonpayment.
Prosecution’s Evidence
RMDC’s President and managers testified to repeated demands for the fee and the impoundment. Municipal records—preliminary DILG report, local resolutions, receipts—were offered to show absence of legal authority and bad faith. The Municipal Treasurer testified on irregular official receipts and delayed remittance.
Defense’s Evidence
Petitioner insisted he verified the fee’s legality with the Municipal Treasurer and Sangguniang Bayan Secretary, both confirming a valid 1989 municipal resolution. He denied knowledge of its revocation, denied ordering impoundment, and produced certifications showing no record of revocation transmission. He maintained that all proceeds were remitted.
Sandiganbayan’s Decision
The Sandiganbayan found petitioner guilty beyond reasonable doubt of two counts under Section 3(e) for causing undue injury by evident bad faith and gross inexcusable negligence. It cited unauthorized fee collection, delegation to a private person, excessive amounts, and impoundment instructions.
Errors Alleged on Appeal
Petitioner challenged:
• Conviction based on hearsay photocopies and inadmissible documents
• Failure to prove guilt beyond reasonable doubt
• Conviction for gross negligence despite charges alleging only evident bad faith
• Violation of his right to be informed of the nature of the accusation
Supreme Court’s Analysis – Variance in Mode of Commission
Section 3(e) can be violated by manifest partiality, evident bad faith, or gross inexcusable negligence—three distinct modes. Informations alleged only “evident bad faith.” Convicting petitioner on gross negligence constituted a material variance, denying him due process and the opportunity to prepare a defense.
Supreme Court’s Analysis – Evident Bad Faith Not Pr
...continue readingCase Syllabus (G.R. No. 216745-46)
Facts
- Petitioner Edmundo Jose T. Buencamino was Municipal Mayor of San Miguel, Bulacan.
- Two Informations (SB-06-CRM-0419 and SB-06-CRM-0420) charged him with violation of Section 3(e) of R.A. 3019 (Anti-Graft and Corrupt Practices Act) “through evident bad faith.”
- Count 1 (SB-0419): Alleged unlawful collection of P1,000 “pass way” fees per truck from Rosemoor Mining & Development Corporation (RMDC) without legal authority.
- Count 2 (SB-0420): Alleged order to apprehend and impound two RMDC trucks (PSZ-706, UEX-283) for failure to pay the same fee.
- Kapasiyahan Blg. 89A-055/Kautusang Bayan 029 (1989 resolution imposing pass-way fee) was later declared void by the Sangguniang Panlalawigan but allegedly not communicated to the municipality.
- Petitioner pleaded not guilty; trial ensued before the Sandiganbayan, Special Fifth Division.
Evidence of the Prosecution
- Testimonies of Constantino A. Pascual (RMDC President), Zenaida P. Pascual, Marciano T. Cruz (Municipal Treasurer), Clarissa Pascual Fernando.
- Constantino: Mayor demanded P1,000 per truck as “pass way fee,” no ordinance sanctioned it; trucks impounded via police memorandum dated July 19, 2004.
- Zenaida: RMDC’s quarry operations and revenue (30% royalty) were prejudiced when operator Nora Tan paid 20% of royalties to petitioner; impounding delayed deliveries.
- Marciano: Irregular official receipts (dates and issuer’s initials pre-dated receipt books; issued by unbonded librarian aide); belated remittances to municipal treasury; no prior practice of collecting pass-way fees.
- Clarissa: Personally paid pass-way fees; trucks registered to her father.
- Documentary exhibits: Photocopied ordinances, DILG preliminary report, police blotter certificate, memorandum on truck apprehension.
Evidence of the Defense
- Petitioner’s testimony: RMDC sought permission to pass municipal roads; he first refused for public safety, then verified existence of 1989 resolution with Treasurer and Sangguniang Bayan Secretary.
- Denied knowledge of voiding by provincial board; presented certifications (Feb 11, 2005) showing no record of disapproval transmission.
- Authorized Robert Tabernero (municipal job-order employee) to collect fees at quarry entrance for convenience; all collections remitted to treasury with