Case Summary (G.R. No. 134774)
Applicable Law
- Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) and Republic Act No. 9184 (Government Procurement Reform Act) are relevant to the case. Specifically, Section 3(e) of R.A. 3019 is concerned with "causing undue injury to any party" or giving unwarranted benefits.
Procedural History
- The Ombudsman filed five criminal informations against Lorenzo, Yap, and Tomas A. Guibani for alleged violations of Section 3(e) of R.A. 3019. The alleged misconduct included a failure to conduct public bidding and favoritism towards Philphos during the procurement process.
Factual Background
- The procurement involved significant funds totaling approximately Php 432 million allocated for the GMA Rice Program, with specific contracts awarded to Philphos without the required competitive bidding, citing urgency in distribution for the agricultural season.
Allegations and Ombudsman Findings
- The Ombudsman found that Lorenzo and Yap conspired to favor Philphos by issuing guidelines that circumvented the competitive public bidding process. They were said to act with manifest partiality in favor of Philphos, although a lack of evident government prejudice was noted, which dismissed additional charges pertinent to undue injury.
Motions to Quash
- Both Lorenzo and Yap filed motions to quash the informations based on two primary arguments: the allegations did not constitute an offense and inordinate delay in the investigation violated their rights to speedy disposition of cases.
Sandiganbayan Ruling
- The Sandiganbayan denied the motions, stating that the informations sufficiently alleged the necessary elements for a violation under R.A. 3019. It interpreted that evidentiary issues should be addressed during a full trial rather than at the motion to quash stage.
Supreme Court’s Ruling on Speedy Disposition
- The Supreme Court emphasized the right to speedy disposition of cases, finding that the Ombudsman’s delay in filing the criminal informations violated this right. The delay was particularly noted as exceeding 14 years, counting from the inception of the investigation in 2003 to the filing of the charges in 2018.
Rationale for Dismissal
- The Court highlighted the importance of the right to a speedy trial being applicable in the context of preliminary investigations and emphasized that both petitioners had timely invoked this right. The Court also found that inordinate delays experienced by the petitioners were unjustified by the prosecution.
Evidence Aliunde
- The Supreme Court ruled that the Sandiganbayan misapplied the rule regarding the advancement of evidence aliunde. The Court noted that the Ombudsman had previously dismissed similar complain
Case Syllabus (G.R. No. 134774)
Case Overview
- The case involves consolidated petitions for Certiorari under Rule 65 of the Rules of Court, questioning the August 9, 2018, and September 25, 2018, Resolutions of the Sandiganbayan Sixth Division.
- The Resolutions denied the Motions to Quash Informations filed by petitioners Luis Ramon P. Lorenzo and Arthur C. Yap.
- The criminal cases arise from the alleged anomalous procurement of fertilizers from the Philippine Phosphate Fertilizer Corporation (Philphos) for the Luzon regions in 2003.
Background of the Parties
- At the time of the alleged procurement anomalies, Luis Ramon P. Lorenzo was the Secretary of the Department of Agriculture (DA), and Arthur C. Yap was the Administrator of the National Food Authority (NFA).
- Tomas A. Guibani was a representative of Philphos involved in the transactions.
Allegations
- On April 20, 2018, five Criminal Informations for violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) were filed against Lorenzo, Yap, and Guibani.
- The Informations allege that the accused caused undue injury to the government and provided unwarranted benefits to Philphos through:
- Directing procurement through negotiated mode in violation of competitive bidding rules.
- Issuing guidelines for the opening of bids.
- Amending participation criteria to favor Philphos.
Factual Summary
- The national government allocated PhP432 million for the Ginintuang Masaga