Case Summary (G.R. No. 100985)
Procedural History
Triple A resumed operations only after obtaining temporary permits from the Port Management Office and BOC. Valenzuela petitioned Fuentes for permit issuance, but her submissions were refused. She secured further certifications clearing her of wrongdoing from local police and NAPOLCOM, yet Fuentes declined to act. Criminal charges under RA 3019 Art. 3(e) were filed, and Fuentes pleaded not guilty on September 15, 2006. The Sandiganbayan, in a September 30, 2008 Decision, found him guilty; its February 16, 2009 Resolution denied reconsideration.
Issue Presented
Whether the Sandiganbayan correctly convicted Mayor Fuentes of violation of Section 3(e) of RA 3019 for manifest partiality, bad faith, or negligence in refusing to issue a business permit, thereby causing undue injury to Valenzuela.
Elements of RA 3019 Section 3(e)
The Supreme Court reiterated that conviction requires proof that:
- The accused is a public officer discharging administrative functions.
- He acted with manifest partiality, evident bad faith, or gross negligence.
- His action caused undue injury to any party or conferred unwarranted benefits.
Manifest Partiality and Evident Bad Faith
Fuentes admitted hearing rumors implicating all five ship chandlers in illegal activities, yet he singled out Triple A alone for permit refusal. He continued to issue permits to other chandlers and even to Valenzuela’s separate security business, demonstrating bias. Despite clearances from law enforcement, he withheld Triple A’s permit without affording Valenzuela an opportunity to rebut the allegations. His 2002 memorandum and belated action, in contrast to earlier inaction on longstanding rumors, evidenced dishonest intent and conscious wrongdoing.
Undue Injury Resulting from Permit Refusal
The court found that Fuentes’s refusal and memorandum directly prevented Triple A from operating (2002–2006), resulting in spoilage of perishable goods and suspension of a legitimate business. Even absent precise quantification of losses, jurisprudence holds that substantial injury need only be shown in principle.
Penalty and Disqualification
Under Section 9(a) of RA 3019, the prescribed penalty is imprisonment from six years and one month to fifteen years, plus perpetual disqualification from public office. The Sandiganbayan’s indeterminate sentence of six years and one month to ten years and six months, with perpetual disqualification, was affirmed as proper.
Modification of Damages Award
While the Sandiganbayan awarded nominal damages of ₱200,000, the Supreme Court h
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Facts
- Petitioner Roberto P. Fuentes, then Municipal Mayor of Isabel, Leyte, was charged under Article 3(e) of Republic Act No. 3019 for refusing, without legal basis, to renew the business permit of Fe Nepomuceno Valenzuela’s Triple A Ship Chandling and General Maritime Services.
- Valenzuela had operated Triple A in the Port of Isabel since 1993, complied with all requirements, paid renewal fees, and secured clearances from all municipal officers and the police.
- In 2002, Fuentes withheld his signature on the permit despite approval by other officials and, through an unnumbered memorandum, alleged Valenzuela’s involvement in smuggling and drug trading.
- The Bureau of Customs issued a cease-and-desist order, shutting down Triple A’s operations until a new permit was secured.
- Valenzuela’s multiple attempts to have her application received were rebuffed; she obtained further certifications clearing her of wrongdoing.
- Triple A remained inactive from 2002 until a business permit was finally issued in 2007.
Procedural History
- September 15, 2006: Fuentes pleaded not guilty.
- September 30, 2008: The Sandiganbayan found him guilty beyond reasonable doubt, sentenced him to 6 years and 1 month to 10 years and 6 months’ imprisonment, perpetual disqualification from public office, and awarded Valenzuela ₱200,000 nominal damages.
- February 16, 2009: The Sandiganbayan denied Fuentes’s motion for reconsideration.
- Fuentes file