Title
People vs. Enojo
Case
G.R. No. 252258
Decision Date
Apr 6, 2022
Public official acquitted of graft charges as prosecution failed to prove he influenced police to act beyond duties in a land dispute.
violation
prosecution
acquitted

Case Summary (G.R. No. 252258)

Factual Background

Richard R. Enojo served as Provincial Legal Officer of Negros Oriental in 2013 and later as Provincial Administrator. On January 15, 2013, Dauin Point Land Corporation acquired Lot No. 394 by a Deed of Absolute Sale. The corporate representative, Ralph Gavin Hughes, applied for a fencing permit through the Municipal Planning and Development Coordinator of Dauin. On February 28, 2013, Enojo sent a letter asserting that a portion of Lot No. 394 belonged to him as payment for legal services and opposing the fencing permit. The municipal officer referred the matter to the DILG Region 7, which by letter dated April 24, 2013 advised that Enojo’s opposition was improperly filed and unsubstantiated and recommended that the locational clearance be granted to the applicant. Consequently, the locational clearance issued and the fencing permit process proceeded.

Events at the Dauin Police Station

On February 27, 2013, Enojo went to the Dauin Police Station and requested assistance to convene a conference with Hughes, Merlinda A. Regalado, and Atty. Ligaya Rubio-Violeta regarding the land dispute. Senior Police Officer 4 Proculito A. Briones, the station’s designated chief investigator, recorded the request in the police blotter and sent a radio message to the Dumaguete City Police Station inviting the named persons for a conference at the Dauin Police Station. The radio message set a proposed schedule and recited identifying details of the parties and the disputed lot.

Complaints and Administrative Proceedings

Aggrieved, Hughes, on behalf of DPLC, filed criminal and administrative complaints against Enojo with the Office of the Ombudsman on November 16, 2015. The Ombudsman, by resolution dated May 26, 2017 and approved August 18, 2017, found probable cause to charge Enojo with violation of Section 3(a) of RA 3019, and directed the filing of an Information in the proper court. The Information was filed with the Sandiganbayan on February 9, 2018.

Procedural History in the Sandiganbayan

At arraignment on May 25, 2018, Enojo pleaded not guilty. The case proceeded to trial. The Sandiganbayan, in a Decision dated October 18, 2019, found Enojo guilty beyond reasonable doubt of violating Section 3(a) of RA 3019, sentenced him to an indeterminate prison term of six years and one month to eight years, and imposed perpetual disqualification from public office. Enojo filed a motion for reconsideration, which the Sandiganbayan denied by Resolution dated January 2, 2020. A motion to reopen likewise was denied. Enojo appealed to the Supreme Court.

Issue Presented

The sole issue was whether Enojo was guilty beyond reasonable doubt of violating Section 3(a) of RA 3019 by persuading, inducing, or influencing a public officer to perform an act constituting a violation of rules and regulations promulgated by competent authority.

Evidence and Trial Testimony

Enojo testified that his purpose in seeking police assistance was to validate information and to “extract information” from the persons he sought to convene because they resided in different places. SPO4 Briones testified that he recorded Enojo’s request, that he had frequently entertained similar requests for conferences, and that he acted because he believed it was the office’s standard operating procedure to provide assistance to civilians. Acting Chief of Police Enrique K. Ansonio and Deputy Chief Bernabe R. Rubio testified that private individuals not under criminal investigation could not be called to the police station for civil disputes and should be referred to the barangay for mediation. The records included the police blotter entry and the radio message as exhibits. The DILG letter and PNP operational guidelines and the Citizen’s Primer on Law Enforcement were also in evidence.

Contentions of the Parties

The prosecution contended that Enojo induced the Dauin Police, through SPO4 Briones, to summon the parties to a conference, thereby causing the police to act beyond their statutory powers under Section 24 of RA 6975, and thus satisfying the elements of Section 3(a) of RA 3019. Enojo maintained that he did not persuade or induce the police to violate any rule and that SPO4 Briones acted of his own accord under routine police practice. The defense underscored the absence of proof that Briones was improperly influenced and stressed that the prosecution bore the burden to prove persuasion or inducement beyond reasonable doubt.

Ruling of the Sandiganbayan

The Sandiganbayan found all elements of Section 3(a) present. It held that Enojo, a public officer, persuaded or induced SPO4 Briones to send the radio message summoning the parties, and that the police action exceeded the PNP’s powers under Section 24 of RA 6975. The Sandiganbayan disbelieved Briones’ denial of persuasion and relied on the existence and content of the radio message and police blotter entries to infer that Enojo supplied the detailed information and thereby persuaded the police to act.

Ruling of the Supreme Court

The Supreme Court granted Enojo’s appeal. The Court reversed and set aside the Sandiganbayan Decision and Resolution and acquitted Enojo of violation of Section 3(a) of RA 3019 for failure of the prosecution to prove guilt beyond reasonable doubt. The Court ordered entry of final judgment of acquittal.

Legal Basis and Reasoning

The Court began with the statutory elements of Section 3(a) of RA 3019 as stated in Marzan v. People: (1) the offender is a public officer; (2) the offender persuades, induces, or influences another public officer to perform an act, or allows himself to be persuaded to commit an act; and (3) the act performed constitutes a violation of rules and regulations duly promulgated by competent authority or an offense connected with official duties. The Court agreed that the first element existed because Enojo was a Provincial Legal Officer in 2013. The Court also agreed that the third element existed because the police action of summoning private persons to a conference on a civil dispute fell outside the PNP duties enumerated in Section 24 of RA 6975 and contravened police protocols reflected in the PNP Manual and the Citizen’s Primer. The Court found, however, that the prosecution failed to establish the second element of persuasion, inducement, or influence.

The Court emphasized the definitional import of “persuade,” “induce,” and “influence” as requiring an act of convincing or causing another to act by some form of effort. The Court found that SPO4 Briones explicitly denied being persuaded or influenced by Enojo and testified that he acted because he believed his office’s SOP obliged him to render assistance to citizens requesting conferences. The Court observed that the details in the police blotter and radio message were consistent with proper police recording practices, which require the five “Ws” and one “H,” and were therefore not evidence of undue influence. The Court rejecte

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