Case Summary (G.R. No. 176546)
Charge and Initial Proceedings
The petitioner was charged under Section 3(e) of Republic Act No. 3019, known as the Anti-Graft and Corrupt Practices Act, for causing undue injury to the government. A complaint against her was filed on March 26, 1997, by her successor, Mayor Diosdado Siquian, and members of the Sangguniang Bayan. Initially, a Graft Investigation Officer found no probable cause, but the case was later revived, leading to the indictment.
Trial and Evidence
During the trial, significant testimony was provided, including that of Ramon De Guzman Sevilla, who indicated that the cost of a similar dump truck ranged between P190,000.00 and P490,000.00. Testimonies from the complainants highlighted the absence of public bidding and pointed out the poor condition of the purchased dump truck. In her defense, Ong claimed that the municipality had allocated funds for the truck and justified the negotiated purchase, arguing that it was allowed under COA guidelines.
Sandiganbayan Decision
On November 13, 2006, the Sandiganbayan found Felicitas P. Ong guilty, concluding that the procurement process was flawed. The court emphasized the lack of public bidding, which constituted gross negligence and resulted in undue injury to Angadanan, as the truck was acquired at an excessive price.
Legal Basis and Findings
Section 3(e) of RA No. 3019 outlines acts constituting various corrupt practices, which include causing injury to any party through manifest partiality, evident bad faith, or gross negligence by a public officer. The Sandiganbayan established that all elements of the offense were present in Felicitas P. Ong's actions, noting her failure to adhere to proper procurement procedures.
Penalty Imposed
As a result, the Sandiganbayan imposed a penalty of imprisonment ranging from six years and one month to ten years, along with perpetual disqualification from public office. Additionally, Ong was ordered to return the amount of P250,000.00 to the municipality.
Supreme Cour
...continue readingCase Syllabus (G.R. No. 176546)
Case Background
- This case involves a petition for review by Felicitas P. Ong against the Decision of the Sandiganbayan dated November 13, 2006.
- The Sandiganbayan found Ong guilty beyond reasonable doubt for violating Section 3 (e) of Republic Act No. 3019, known as the Anti-Graft and Corrupt Practices Act.
- The charge stemmed from her actions as the Mayor of Angadanan, Isabela, particularly related to the procurement of an Isuzu dump truck.
Factual Context
- On August 12, 1996, Ong, in her capacity as Mayor, purchased an Isuzu dump truck for P750,000.00 from Josephine Ching for municipal use.
- Allegations of malversation of public funds were filed against her in March 1997 by her successor, Mayor Diosdado Siquian, and other members of the Sangguniang Bayan, claiming the truck was grossly overpriced.
- Initially, the Graft Investigation Officer found no probable cause, but upon reconsideration, Ong was indicted for the aforementioned violation concerning the truck's acquisition.
The Legal Proceedings
- The Information filed against Ong detailed her actions that allegedly caused undue injury to the Municipality of Angadanan by approving the truck's purchase without public bidding.
- At her arraignment on January 12, 1999, Ong pleaded not guilty.
- The trial involved testimonies from several individuals, including a sales manager who indicated the truck could have been acquired at a significantly lower price.