Case Summary (G.R. No. 238014)
Applicable Law
The case centers on the alleged violation of Section 3(e) of Republic Act No. 3019, otherwise known as The Anti-Graft and Corrupt Practices Act. The legal context is further framed by the provisions of the 1987 Philippine Constitution and the Ombudsman Act of 1989, which grants the Office of the Ombudsman the authority to investigate and prosecute acts of public officials that appear illegal, unjust, or improper.
Factual Background
The origins of the case stem from a Complaint-Affidavit filed by Lozada on November 9, 2015, against Mayor Navarro, accusing him of various malpractices, including improper procurement and corruption related to the acquisition of a hydraulic excavator. The complainant contended that the procurement process favored a specific supplier, RDAK Transport Equipment, Inc., resulting in undue injury to the government as the bid price was substantially higher compared to another supplier's offer.
Procedural History
The Ombudsman, after reviewing the case, found probable cause against the petitioner among others for violations of Section 3(e) of R.A. No. 3019. The Ombudsman ruled that the bid of RDAK was non-compliant with pertinent procurement regulations but nonetheless approved. The petitioner and his co-respondents moved for partial reconsideration of this finding, which was denied, prompting the current petition for certiorari.
Legal Standards on Ombudsman’s Powers
Under Sections 12 and 13 of Article XI of the 1987 Constitution, the Ombudsman has the authority to investigate any complaints against public officials, providing such investigations are based on reasonable grounds. The Ombudsman holds considerable discretion regarding the determination of probable cause, and the courts typically refrain from intervening unless grave abuse of discretion is demonstrated.
Elements of Violation
To establish a violation of Section 3(e) of R.A. No. 3019, four elements must be proven: (1) the offender is a public officer, (2) the act occurred in the discharge of official duties, (3) the act was executed with manifest partiality, evident bad faith, or gross negligence, and (4) it resulted in undue injury to the government or unwarranted benefits to a private party.
Court’s Ruling on Probable Cause
The Court held that the Ombudsman’s determination of probable cause lacked sufficient evidence. The Ombudsman did not convincingly demonstrate that the petitioner acted w
...continue readingCase Syllabus (G.R. No. 238014)
Case Background
- Court: Supreme Court of the Philippines, First Division.
- G.R. No.: 238014.
- Date of Decision: June 15, 2020.
- Petitioner: Felipe P. Sabaldan, Jr.
- Respondents: Office of the Ombudsman for Mindanao and Christopher E. Lozada.
- Nature of Petition: Petition for Certiorari under Rule 65 of the Rules of Court.
- Objective: To set aside the Ombudsman’s Resolution dated March 20, 2017, and Joint Order dated October 13, 2017, which found probable cause against the petitioner for violation of Section 3(e) of Republic Act No. 3019 (The Anti-Graft and Corrupt Practices Act) and denied the motion for partial reconsideration.
Factual Background
- Complaint Filed: On November 9, 2015, Christopher E. Lozada filed a Complaint-Affidavit against Mayor Librado C. Navarro, alleging multiple offenses related to the management of the City Government of Bislig.
- Specific Allegations Against Mayor Navarro:
- Failure to implement a road rehabilitation project.
- Unauthorized leasing of a commercial building.
- Maintenance of ghost employees.
- Mismanagement of funds for public projects.
- Personal gain from hosting media programs.
- Distribution of substandard rice for a feeding program.
- Non-implementation of a poultry house livelihood project.
- Unauthorized occupation of housing units.
- Non-compliance with procurement rules in purchasing a hydraulic excavator.
- Key Procurement Issue: The City Government purchased a hydraulic excavator from RDAK Transport Equipment, Inc. at P14,750,000.00, while a substantially lower bid of P10,536,000.00 was offered by JVF Commercial International Heavy Equipment Corp.
- Involvement of Petitioner: Felipe P. Sabaldan, Jr. was implicated as a member of the Bids and Awards Committee (BAC), responsi