Case Summary (G.R. No. 111091)
Key Dates
- June 8, 1990 – Agreed date for the P200,000 payoff
- June 14, 1990 – Information filed for violation of Sec. 3(b), RA 3019
- July 20, 1990 – Arraignment; plea of “not guilty” entered
- June 30, 1993 – Sandiganbayan conviction
- August 21, 1995 – Supreme Court decision affirming the conviction
Applicable Law
- 1987 Philippine Constitution (decision after 1990)
- Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), Sec. 2(b) (definition of public officer) and Sec. 3(b) (demand for or receipt of undue advantage)
Procedural Background
The Sandiganbayan found petitioner guilty beyond reasonable doubt of demanding P200,000 as a portion of contractor’s profit, sentencing him to 6 years 1 month to 10 years 1 day imprisonment, perpetual disqualification from public office, and costs. Petitioner elevated the case to the Supreme Court, challenging jurisdiction (claiming he is not a public officer) and the sufficiency of evidence.
Antecedent Facts
- On October 1, 1989, ITDI (DOST) engaged petitioner under a one‐year renewable contract to supervise construction of the DOST‐CMD building in Bicutan, Taguig.
- Jaime Sta. Maria Construction was awarded the contract; Resoso served as its project engineer.
- In May 1990, while evaluating a Change Order for electrical work, petitioner approached Resoso and demanded P200,000 to “forget about” deductive charges, explaining the contractor’s profit was approximately P460,000.
Jurisdiction: Definition of “Public Officer”
Under Sec. 2(b), RA 3019 “includes elective and appointive officials and employees, permanent or temporary, … receiving compensation … from the government.” Civil Service classifications (PD 807; Administrative Code of 1987) place contractual personnel for a specific project within the non‐career service. Petitioner’s contractual status and compensation render him a public officer, satisfying Sandiganbayan jurisdiction.
Demand for Gratuity and Entrapment
- Petitioner arranged a meeting at Wendy’s Restaurant for June 6, later postponed to June 8 upon request due to contractor’s cash constraints.
- Sta. Maria Sr. reported the demand to the NBI; an entrapment plan was executed.
- Resoso delivered P50,000 in P500 bills treated with fluorescent powder to the NBI, which concealed the money in an attaché case.
- At the June 8 meeting, petitioner received two envelopes from Sta. Maria Jr., placed them under his arm, and was immediately arrested.
Forensic Examination
The NBI Forensic Chemistry Section tested petitioner’s right palmar hand under ultraviolet light, yielding a positive result for fluorescent powder. His clothing fluoresced inherently from dyes, but the hand test alone established contact with the entrapment money.
Credibility, Consistency, and Motive
- Alleged inconsistencies (number of bills powdered vs. total sum) were reconciled by differentiating between funds delivered to the NBI and bills dusted for entrapment.
- Petitioner’s argument that he lacked authority or opportunity to deman
Case Syllabus (G.R. No. 111091)
Procedural History
- On June 14, 1990, petitioner Engineer Claro J. Preclaro was charged before the Sandiganbayan with violation of Section 3(b) of Republic Act No. 3019 (the Anti-Graft and Corrupt Practices Act).
- During arraignment on July 20, 1990, petitioner pleaded “not guilty.”
- After trial on the merits, the Sandiganbayan Second Division rendered judgment on June 30, 1993, finding petitioner guilty beyond reasonable doubt and sentencing him to an indeterminate penalty of six years and one month to ten years and one day, perpetual disqualification from public office, and costs.
- Petitioner filed a petition for review with the Supreme Court, contending (1) lack of jurisdiction because he was not a “public officer” under RA 3019 and (2) insufficiency of evidence to establish guilt beyond reasonable doubt.
Antecedent and Contractual Facts
- On October 1, 1989, ITDI (Industrial Technology Development Institute) under the DOST employed petitioner by written contract as Project Manager/Consultant to supervise construction of the CMD Building in Bicutan, Taguig.
- The employment contract spanned the duration of construction and provided for a monthly salary funded by foreign-assisted and government-released counterpart funds.
- In November 1989, DOST contracted Jaime Sta. Maria Construction Company (with Engr. Alexander Resoso as project engineer) for the building’s erection, with a total project cost of ₱17,695,000.00.
Charge and Information
- The information alleged that on or about June 8, 1990, petitioner, in his capacity as public officer, demanded ₱200,000.00—part of the contractor’s estimated profit of ₱460,000.00—in connection with electrical Change Orders, promising to “forget about the deductive” if paid.
- Such demand was charged as an offense under Section 3(b) of RA 3019, committed in relation to the performance of official duties.
Factual Findings on Entrapment and Demand
- In May 1990, Engr. Resoso prepared electrical Cha