FIRST DIVISION
G.R. No. 250367 & 250400-05. August 31, 2022
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. SULPICIO P. LEGASPI, MOISES R. PERALTA, REBECCA GOMEZ, JORGE MONTILLA, MARISSA L. DURAN, LOURDES PLAZA, MARIETTA FUENTES, OFELIA S. POLIQUIT, BRENDA REGNER, RHODORA B. LACSON, MIGUEL S. ALIPIO, SAMSON Z. CABALLES, OSCAR GERONA, PELAGIO V. SORONGON, JR., AND ROSELMA G. CANTOS, ACCUSED;
SAMSON Z. CABALLES, ACCUSED-APPELLANT.
D E C I S I O N
HERNANDO, J.:
Before this Court is an appeal1 filed by Samson Z. Caballes (Caballes) from the June 7, 2019 Decision2 and the August 20, 2019 Resolution3 of the Sandiganbayan in Criminal Case Nos. 24479-24489, entitled People of the Philippines v. Sulpicio P. Legaspi, et al. The assailed Decision convicted Caballes and his co-accused for violating Section 3(e)4 of Republic Act No. (RA) 3019,5 otherwise known as the "Anti-Graft and Corrupt Practices Act," in Criminal Case Nos. 24480, 24481, 24482, 24484, 24486, 24487, and 24489.
The Facts
Six separate Informations all dated January 29, 1998 were filed with the Sandiganbayan against Caballes, among other accused, for violation of Section 3(e) of RA 3019. The Informations allege:
chanroblesvirtuallawlibrary
Criminal Case No. 24480:Upon his arraignment on May 23, 2005, Caballes entered a plea of "not guilty."12 After pre-trial was terminated on August 14, 2006, the consolidated trial of the cases subsequently ensued.13chanRoblesvirtualLawlibrary
That on or about January 08, 1991 or sometime prior or subsequent thereto, in the City of Davao, Philippines, and within the jurisdiction of this Honorable Court, abovenamed accused-public officers, with salary grades below grade 27, except accused Legaspi with salary grade 27 and is therefore a high-ranking officer, while in the discharge of their official functions, in conspiracy with one another and with Miguel S. Alipio, General Manager of Ethnol Generics, Kalookan City, through manifest partiality, evident bad faith, and/or gross inexcusable negligence, did then and there, willfully, unlawfully and criminally, cause undue injury to the government by approving the payment as approving authority, on the part of accused Legaspi; certifying that the expenses were necessary, lawful, and incurred under his direct supervision and that in case of contracts or purchases of goods or services, the prices were reasonable and not in excess of the current rates in the locality, on the part of accused Peralta; conducting an irregular and insufficient price test, on the part of accused Gomez; recommending approval in the purchase order as supply officer, on the part of accused Caballes; preparing a flawed price schedule and irregularly awarding the contract as members of the Committee on Bids and Awards (CBA), on the part of Montilla, Duran, Plaza, Gomez, and Fuentes; insufficiently and irregularly reviewing the documents from the CBA and recommending the approval of the transaction as members of the Technical Committee, on the part of accused Poliquit, Regner and Lacson; and conniving with the aforementioned public officials and delivering items without the required product or drug registration, on the part of accused Alipio; in the purchase of 2,000 bottles of multivitamins with Lysine 60 ml. syrup, at P30.00 per bottle, under Disbursement Voucher No. CSP-90-12-3322, dated January 8, 1991, in the amount of P60,000.00; which turned out to be overpriced in the total amount of P47,200.00, as based on the March 27, 1990 price schedule, the multivitamin costs only P6.40 per bottle; despite the fact that the product lacked the required product or drug registration which guarantees the safety and efficacy of the product; the contract of which was directly awarded to Ethnol Generics, in violation of DOH Memorandum Circular No. 08, Series of 1987; thereby giving unwarranted benefits, advantage or preference to Ethnol Generics and causing undue injury to the government in the total amount of P47,200.00
CONTRARY TO LAW.6chanRoblesvirtualLawlibrary
Criminal Case No. 24482:
That on or about April 03, 1991 or sometime prior or subsequent thereto, in the City of Davao, Philippines, and within the jurisdiction of this Honorable Court, abovenamed accused-public officers x x x through manifest partiality, evident bad faith, and/or gross inexcusable negligence, did then and there, willfully, unlawfully and criminally, cause undue injury to the government by x x x recommending approval in the purchase order as supply officer, on the part of accused Caballes x x x in the purchase of 2,000 bottles of multivitamins with Lysine 60 ml. syrup, at P30.00 per bottle, under Disbursement Voucher No. Aie-91-04-029, dated April 03, 1991, in the amount of P60,000.00; which turned out to be overpriced in the total amount of P47,200.00, as based on the March 27, 1990 price schedule, the multivitamin costs only P6.40 per bottle; despite the fact that the product lacked the required product or drug registration which guarantees the safety and efficacy of the product; the contract of which was directly awarded to Ethnol Generics, in violation of DOH Memorandum Circular No. 08, Series of 1987; thereby giving unwarranted benefits, advantage or preference to Ethnol Generics and causing undue injury to the government in the total amount of P47,200.00.
CONTRARY TO LAW.7chanRoblesvirtualLawlibrary
Criminal Case No. 24483:
That on or about October 15, 1990 or sometime prior or subsequent thereto, in the City of Davao, Philippines, and within the jurisdiction of this Honorable Court, abovenamed accused-public officers, x x x while in the discharge of their official functions, in conspiracy with one another and with Pelagio V. Sorongon, Jr., owner/proprietor of J.V. Sorongon Enterprises, Davao City, through manifest partiality, evident bad faith, and/or gross inexcusable negligence, did then and there, willfully, unlawfully and criminally, cause undue injury to the government by x x x recommending approval of the purchase order as supply officer and anomalously substituting the word "set" to "tube" without authority, on the part of accused Caballes x x x in the purchase of 700 packs cotton pledget buds sterile, 600 tubes amalgam filling, and 500 tubes sulfur ointment, under Disbursement Voucher No. Aie 9010-2294 dated 15 October 1990, in the amount of P390,500.00; which turned out to be overpriced in the total amount of P244,310.00; the contract of which was awarded to J.V. Sorongon Enterprises, despite the fact that, with respect to the cotton pledget buds, J.V. Sorongon Enterprises was not the lowest bidder at P70.00 per pack, the lowest being P25.00 per pack, with the item being sold in the market at P11.50 per pack or P12.50 per pack adding the 10% allowance price variance; and despite the fact that, with respect to the amalgam filling, J.V. Sorongon Enterprises was not a participant in the bidding conducted for the purpose, since nowhere in the abstract of bids did J.V. Sorongon Enterprises appear as one of the three lowest bidders, its price being P13.00 per piece whereas the lowest bid was P9.50 per piece, the same item being sold for P5.50 inclusive of the 10% allowable price variance per separate canvass with the same J.V. Sorongon Enterprises; and despite the fact that, with respect to the sulfur ointment, J.V. Sorongon Enterprises quoted P59.00 for the item which per canvass costs only P10.67 inclusive of the 10% allowable price variance; thereby giving unwarranted benefits, advantage or preference to J.V. Sorongon Enterprises and causing undue injury to the government in the total amount of P244,310.00.
CONTRARY TO LAW.8chanRoblesvirtualLawlibrary
Criminal Case No. 24484:
That on or about November 02, 1990 or sometime prior or subsequent thereto, in the City of Davao, Philippines, and within the jurisdiction of this Honorable Court, abovenamed accused-public officers x x x through manifest partiality, evident bad faith, and/or gross inexcusable negligence, did then and there, willfully, unlawfully and criminally, cause undue injury to the government by x x x recommending approval in the purchase order as supply officer, on the part of accused Caballes x x x in the purchase of 2,880 bottles of multivitamins with Lysine 60 ml. syrup, at P30.00 per bottle and 2,000 bottles of Benzyl Benzoate 25% 120 ml., under Disbursement Voucher No. Aie-90-11-2619, dated November 02, 1990, in the amount of P86,400.00; which turned out to be overpriced in the total amount of P67,968.00, as based on the March 27, 1990 price schedule, the multivitamin costs only P6.40 per bottle; despite the fact that both products lacked the required product or drug registration which guarantees the safety and efficacy of the product; the contract of which was directly awarded to Ethnol Generics, in violation of DOH Memorandum Circular No. 08, Series of 1987; thereby giving unwarranted benefits, advantage or preference to Ethnol Generics and causing undue injury to the government in the total amount of P67,968.00.
CONTRARY TO LAW.9chanRoblesvirtualLawlibrary
Criminal Case No. 24486:
That on or about December 03, 1990 or sometime prior or subsequent thereto, in the City of Davao, Philippines, and within the jurisdiction of this Honorable Court, abovenamed accused-public officers, x x x while in the discharge of their official functions, in conspiracy with one another and with Pelagio V. Sorongon, Jr., owner/proprietor of J.V. Sorongon Enterprises, Davao City, through manifest partiality, evident bad faith, and/or gross inexcusable negligence, did then and there, willfully, unlawfully and criminally, cause undue injury to the government by x x x recommending approval of the purchase order as supply officer, on the part of accused Caballes x x x in the purchase of 84 kilos of Sodium Fluoride powder at P2,960 per kilo under Disbursement Voucher No. Aie-90-11-2864, dated December 03, 1990, in the amount of P248,640.00; the contract of which was awarded to J.V. Sorongon Enterprises; using the price schedule of the Department of Health Regional Office No. XII, Cotabato City, without sufficient basis, no effort being exerted to determine the prevailing price of the item in Davao City; which transaction turned out to be overpriced in the total amount of P188,580.00, as a separate canvass revealed that the lowest quoted price in Davao City was only P715.00 per kilo inclusive of the 10% allowable price variance; which transaction was consummated despite the fact that the item purchased lacked the required product registration which guarantees the safety and efficacy of the item; thereby giving unwarranted benefits, advantage or preference to J.V. Sorongon Enterprises and causing undue injury to the government in the total amount of P188,580.00.
CONTRARY TO LAW.10chanRoblesvirtualLawlibrary
Criminal Case No. 24488:
That on or about December 28, 1990 or sometime prior or subsequent thereto, in the City of Davao, Philippines, and within the jurisdiction of this Honorable Court, abovenamed accused-public officers, x x x while in the discharge of their official functions, in conspiracy with one another and with Pelagio V. Sorongon, Jr., owner/proprietor of J.V. Sorongon Enterprises, Davao City, through manifest partiality, evident bad faith, and/or gross inexcusable negligence, did then and there, willfully, unlawfully and criminally, cause undue injury to the government by x x x recommending approval of the purchase order and anomalously substituting the word "set" to "tube" without authority, on the part of accused Caballes x x x in the purchase of 600 tubes amalgam filling, under Disbursement Voucher No. Aie 90-12-3246 dated December 28, 1990, in the amount of P312,000.00; which turned out to be overpriced in the total amount of P180,000.00; the contract of which was awarded to J.V. Sorongon Enterprises, despite the fact that J.V. Sorongon Enterprises was not a participant in the bidding conducted for the purpose, since nowhere in the abstract of bids did J.V. Sorongon Enterprises appear as one of the three lowest bidders, its price being P13.00 per piece whereas the lowest bid was P9.50 per piece, the same item being sold for P5.50 inclusive of the 10% allowable price variance per separate canvass with the same J.V. Sorongon Enterprises; thereby giving unwarranted benefits, advantage or preference to J.V. Sorongon Enterprises and causing undue injury to the government in the total amount of P180,000.00.
CONTRARY TO LAW.11cralawredlibrary
21. In connection with Criminal Case No. 24480, Wong identified DV No. CSP-90-12-3322 and its supporting documents; for Criminal Case No. 24482, she identified DV No. Aie-91-04-029 and its supporting documents. Both DVs contained the signatures of Legaspi, Peralta and appellant Caballes.Version of the Defense
22. The DVs in Criminal Case Nos. 24480 and 24482 pertain to the purchase of 2,000 bottles of multivitamins with lysine with the brand name Ethnomin syrup. The examined documents revealed that the procurement was done without the benefit of public bidding. In addition, the multivitamins purchased was not among the items bidded out as shown in the Abstract of Bids of Drugs and Medicines for the period April to June 1990. Wong also identified the Price Schedule for Drugs and Medicines dated 27 March 1990 (Exhibit "N"). Moreover, she testified that Ethnol Generics was not among the suppliers that participated in the bidding conducted for the purchase of drugs and medicines for the period of April to June 1990.
23. She concluded that the purchases violated various rules and regulations on the procurement of drugs and medicines. She confirmed that the items purchased had an expired drug registration, as shown in the Certificate of Drug Registration dated 18 March 1988 (Exh. "S") and Memorandum of Extension dated 21 November 1989 (Exh. "T"). She stressed that current policy dictated that no payment should be made unless there is a valid Certificate of Drug Registration in order to guarantee the efficacy and safety of drugs for public consumption/use.
24. The purchase was in contravention of the Price Schedule for Drugs and Medicine dated 27 March 1990 (Exh. N-6). The Price Schedule included only the item identified as multivitamin (without lysine) with the lowest price of PhP6.40 per bottle while the items purchased were multivitamins with lysine for the price of P30.00 per bottle.
25. In Criminal Case No. 24484, Wong identified the following: DV No. Aie-90-11-2619 (Exh. OO) and its supporting documents. She also identified the signatures of Legaspi, Peralta, and of one Teresita Custodio (Custodio) found on the DV. The items purchased were 2,880 bottles of multivitamin with lysine with brand name Ethnomin Syrup and 2,000 bottles of Benzyl Benzoate. The multivitamin with lysine was purchased at PhP 30.00 per bottle.
26. She found several irregularities in the purchase of the said items under DV No. Aie-90-11-2619, viz: the purchase did not undergo public bidding; multivitamins with lysine and benzyl benzoate were directly purchased; and the items purchased were not included in the Abstract of Bids for Drugs and Medicines for the period of April to June 1990 and the Price Schedule for Drugs and Medicines dated 27 March 1990. Again, only "multivitamin" (without lysine) is included in the said Price Schedule and multivitamin merely costs PhP6.40 per bottle.
27. In Criminal Case No. 24483, Wong identified DV No. Aie-90-10-2294 (Exh. "KK") and its supporting documents. She also identified the signatures of Caballes, Peralta, and Legaspi on the said DV. The DV pertains to the purchase of three (3) items: (a) 700 packs of cotton pledget buds at P70.00 per pack; (b) 600 tubes of amalgam filling at PhP 13.00 per piece; and (c) 500 15-gram tubes of sulfur ointment at PhP59.00 per piece.
28. Several irregularities were found: (1) J.V. Sorongan Enterprises, to whom the Purchase Order (PO) was awarded was not the lowest bidder; (2) items purchased were overpriced; and (3) items did not have the required product registration, among others.
29. In Criminal Case No. 24486, Wong identified DV No. Aie-90-11-2864 (Exh. "QQ") and its supporting documents. She also identified the signatures of Caballes, Peralta, and Legaspi on the said DV. Other documents identified were the (1) Certificate of Acceptance signed by Caballes; (2) Abstract of Bids for the period of April to June 1990; and (3) Price Schedules for Medical Supplies as of 27 March 1990.
30. She found several irregularities in the procurement of sodium fluoride powder under DV No. Aie-90-11-2864, namely: the absence of public bidding; the item's price was based on the price schedule for Region 12, and not 11; item was overpriced by PhP2,245.00 per kilo; and the item lacked the necessary product registration.
31. She stressed that procurement was highly suspect since direct purchase was resorted to despite the fact that its two (2) essential conditions were not met. Further, she testified that the overpricing was established when her audit team conducted a re-canvass of the prevailing market price of sodium floruride powder.
32. In Criminal Case No. 24488, Wong identified DV No. Aie-90-12-3246 (Exh. "SS") and its supporting documents. She also identified the signatures of Caballes, Peralta, and Legaspi on the said DV.
33. She found several irregularities in the procurement of 600 tubes of amalgam filling, namely: the supplier J.V. Sorongan was not the lowest bidder; supplier did not post the required performance bond; item was overpriced; unit description of amalgam filling as appearing in the Abstract of Bids and Price Schedules was vague; description of amalgam filling was altered; and the item lacked the required product registration.22cralawredlibrary
In connection with Criminal Case No. 24480 involving the purchase of multi-vitamins with lysine, the mode of procurement decided by the Regional Director was repeat order. He received the items delivered. He signed the PO. He signed the PO based on the approved RIV (Exhibit "HH-4") with the price schedule forwarded to his office. The requisitioning officer indicated in the RIV was accused Peralta as Administrative Officer V. It was approved by accused Legaspi as Regional Director.Ruling of the Sandiganbayan
In Criminal Case No. 24482, also involving the purchase of multi-vitamins with lysine, the mode of procurement decided by the Regional Director was repeat order. He signed the PO based on the approved RIV (Exhibit "JJ-4"). The requisitioning officer was accused Peralta and the approval was by accused Legaspi as Regional Director.
In Criminal Case No. 24483, where the word "set" was substituted with "tube," the mode of procurement was public bidding. He signed the PO prepared by Mr. MacArthur Clapano based on the approved RIV. He has no participation in the preparation of the Abstract of Bids and the price schedule. There is no difference in the unit of measure of the item purchased described as "set" to "tube." That should not be considered irregular and anomalous. He changed the word "set" to "tube" in the PO to make it conform with the RIV approved by the Regional Director. He did not gain anything when he did that and there was no prejudice to the government. There is no difference from "set" to "tube" because the contents are the same.
In Criminal Case No. 24484, the mode of procurement was exclusive distributor decided by the Regional Director. He signed the PO based on the approved RIV (Exhibit "OO-4") together with the price schedule forwarded to his office. The requisitioning officer was accused Peralta and the approval was by accused Legaspi as Regional Director.
In Criminal Case No. 24486, he cannot remember the mode of the purchase. He does not know who prepared the PO which was signed by Dr. Montilla.
In Criminal Case No. 24481, where the word "set" was again changed to "tube," he signed the PO based on the RIV (Exhibit "SS-4") together with the price schedule. The requisitioning officer was accused Peralta as Administrative Officer V and the approval was by accused Legaspi as Regional Director.
In Criminal Case No. 24488, where the word "set" was also changed to "tube," there is no difference between "set" and "tube". He signed the PO. He did not gain anything from the transaction.31cralawredlibrary
WHEREFORE, premises considered, the Court renders judgment in these cases, as follows:In sum, the Sandiganbayan acquitted Caballes in Criminal Case Nos. 24483 and 24488 but convicted him in Criminal Case Nos. 24480, 24481, 24482, 24484, 24486, 24487, and 24489. Aggrieved, Caballes filed a Motion for Reconsideration33 dated June 20, 2019; however, the same was denied by the Sandiganbayan through its Resolution34 dated August 20, 2019.
A) In Criminal Cases Nos. 24479, and 24485, the following accused are hereby acquitted for insufficiency of evidence to prove the offenses charged: 1) Sulpicio P. Legaspi; 2) Moises Peralta; 3) Rebecca Gomez; 4) Marissa L. Duran; 5) Marietta Fuentes; 6) Ofelia S. Poliquit; 7) Brenda Regner; 8) Rhodora Lacson; and 9) Miguel S. Alipio.
Let these cases be archived with respect to accused Jorge Montilla, to be revived upon his arrest or voluntary surrender.
B) In Criminal Cases Nos. 24480, 24482, and 24484, the Court finds accused Sulpicio P. Legaspi, Moises Peralta and Samson Z. Caballes guilty beyond reasonable doubt of Violation of Section 3(e) of Republic Act (R.A.) No. 3019, or the Anti-Graft and Corrupt Practices Act, as charged in the three (3) separate Informations all dated January 29, 1998. Pursuant to the Indeterminate Sentence Law, the said accused are each sentenced to suffer the penalty of imprisonment ranging from six (6) years and one (1) month, as minimum, to eight (8) years, as maximum, in each of the three (3) criminal cases. The three (3) accused are also held solidarily liable to pay the government the total amount of P162,568.00
For insufficiency of evidence, the following accused are acquitted: 1) Rebecca Gomez; 2) Marissa L. Duran; 3) Marietta Fuentes; 4) Ofelia S. Poliquit; 5) Brenda Regner; 6) Rhodora Lacson, and 7) Miguel S. Alipio.
Let the cases be archived with respect to accused Jorge Montilla, to be revived upon his arrest or voluntary surrender.
C) In Criminal Cases No. 24481, 24487 and 24489, the Court finds accused Sulpicio P. Legaspi, Moises Peralta and Samson Z. Caballes guilty beyond reasonable doubt of Violation of 3(e) of Republic Act (R.A.) No. 3019, or the Anti-Graft and Corrupt Practices Act, as charged in the three (3) separate Amended Informations all dated September 13, 2017. Pursuant to the Indeterminate Sentence Law, the said accused are each sentenced to suffer the penalty of imprisonment ranging from six (6) years and one (1) month, as minimum, to eight (8) years, as maximum. No civil liability is adjudged.
For insufficiency of evidence, the following accused are acquitted: 1) Rebecca Gomez; 2) Marissa L. Duran; 3) Marietta Fuentes; 4) Ofelia S. Poliquit; 5) Brenda Regner; and 6) Rhodora Lacson.
Let the cases be archived with respect to accused Jorge Montilla and Oscar Gerona, to be revived upon their arrest or voluntary surrender.
D) In Criminal Cases No. 24483 and 24488, all the accused, except Jorge Montilla, are acquitted for insufficiency of evidence to prove their guilt of the offenses charged beyond a reasonable [doubt].
Let the cases be archived with respect to accused Jorge Montilla, to be revived upon his arrest or voluntary surrender.
E) In Criminal Case No. 24486, the Court finds accused Sulpicio P. Legaspi, Moises R. Peralta and Sam[s]on Z. Caballes guilty beyond a reasonable doubt of Violation of 3(e) of Republic Act (R.A.) No. 3019, or the Anti-Graft and Corrupt Practices Act, as charged in the Information dated January 29, 1998. Pursuant to the Indeterminate Sentence Law, the said accused are sentenced to suffer the penalty of imprisonment ranging from six (6) years and one (1) month, as minimum, to eight (8) years, as maximum. No civil liability is adjudged.
For insufficiency of evidence, the following accused are acquitted: 1) Rebecca Gomez; 2) Roselma G. Cantos; 3) Marissa L. Duran; 4) Marietta Fuentes; 5) Ofelia S. Poliquit; 6) Brenda Regner; and 7) Rhodora Lacson; and 8) Pelagio V. Sorongan, Jr.
Let the cases be archived with respect to accused Jorge Montilla, to be revived upon his arrest or voluntary surrender.
Finally, as regards accused Lourdes Plaza who was found suffering from a mental disease, let the Resolution dated June 14, 2015 suspending the proceedings remain until further orders from this Court.
SO ORDERED.32cralawredlibrary
An accused cannot be convicted of an offense, unless it is clearly charged in the complaint or information. Constitutionally, he has a right to be informed of the nature and cause of the accusation against him. To convict him of an offense other than that charged in the complaint or information would be violative of this constitutional right. Indeed, the accused cannot be convicted of a crime, even if duly proven, unless it is alleged or necessarily included in the information filed against him.36cralawredlibraryIt would be the height of injustice to punish Caballes for such cases in which no Informations were ever filed against him. He cannot be properly convicted therein without trampling on his constitutionally-protected rights. Consequently, Caballes must necessarily be acquitted in Criminal Case Nos. 24481, 24487, and 24489.
After a careful scrutiny of the evidence on record, the Court finds that the Sandiganbayan did not err in convicting Caballes for the violation of Section 3(e) of RA 3019 in these cases.
Crim. Case No. 24480 2,000 bottles of multivitamins with lysine Crim. Case No. 24482 2,000 bottles of multivitamins with lysine Crim. Case No. 24484 2,880 bottles of multivitamins with lysine 2,000 bottles of Benzyl Benzoate Crim. Case No. 24486 84 kilos of Sodium Flouride powder
Section 3. Corrupt practices of public officers. – In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:In order to hold a person liable under this provision, the following elements must concur: (a) the accused must be a public officer discharging administrative, judicial, or official functions; (b) he must have acted with manifest partiality, evident bad faith, or gross inexcusable negligence; and (c) that his action caused any undue injury to any party, including the government, or giving any private party unwarranted benefits, advantage or preference in the discharge of his functions.37chanRoblesvirtualLawlibrary
x x x x
(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
We, the undersigned, hereby certify that the prices appearing above are in accordance with the SEALED CAVASSING opened on Repeat Order and awarded by the committee on Bidding and Award to the above named Dealer and that the prices for the above article are the lowest obtainable in the locality at the time of the purchase.It can be gleaned from the foregoing that Caballes did not merely exercise ministerial duties. Aside from receiving the items, he cannot trivialize his participation in the procurement or purchase thereof considering that, as the signatory in the "Recommending Approval" portion of the POs, he had the correlative duty to verify and check if the supplies were purchased in a regular manner, and in accordance with the law, or if they were compliant with the rules on bidding and procurement processes of the DOH. Further, by signing the DVs, he also had the duty to ensure that the items were indeed received in good condition as per the POs and invoices.Recommending Approval:
(sgd.)
Samson Z. Caballes
Supply Officer III46
As shown from the above, Caballes already had the necessary supporting documents upon which he could have used as basis in making a proper recommendation. Even granting that he did not prepare the POs, DVs, or RIVs, as he so claimed,50 he still should have counter-checked it with the bidding documents or the price lists or schedules sent to his office before signing them and recommending the purchases. Had he done so, he would have been able to discover that the item subject of the purchases, i.e., "multivitamins with lysine," was not among those included in the approved list, and that the price of P30.00 per bottle was way beyond what was indicated for "multivitamins," which only costs P6.40 per bottle. Besides, Caballes failed to present any countervailing evidence to support his claim that he had no hand in the preparation of the documents which involved the purchases of the overpriced medicines when his signatures were clearly inscribed therein.
J. Gesmundo: But, Mr. Witness, as far as you are concerned, you have a guide as to the pricing of the supplies, is that correct? Witness: We are only guided by the approved price lists or whatever was sent to the supply, Your Honor. J. Gesmundo: You have nothing to do with the preparation of the price lists?Witness: Correct, Your Honor. J. Gesmundo: So you just rely on what is sent to you, on the basis of which, when you prepared the Purchase Order, you used that coded price in the Purchase Order? Witness: Yes, together with that approved RIV, Your Honor.48 x x x x J. Gesmundo: x x x when you prepared those RIVs, what was the reference with respect to the price schedule that you used? Witness: It is attached to the RIV, Your Honor. J. Gesmundo: Where did you get that price schedule? Witness: It was sent to us in the Supply, Your Honor. J. Gesmundo: So when you processed the RIV there is a price lists (sic) already? Witness: Yes, Your Honor.49
The third element refers to two (2) separate acts that qualify as a violation of Section 3(e) of R.A. No. 3019. An accused may be charged with the commission of either or both. The use of the disjunctive term "or" connotes that either act qualifies as a violation of Section 3(e) or R.A. No. 3019.Here, Caballes, together with his co-accused Legaspi, as the Regional Director, and Peralta, as Administrative Officer V, approved and signed the pertinent documents relating to the purchases in Criminal Case Nos. 24480, 24482, 24484, and 24486 despite the irregularities, which caused undue injury to the government. As thoroughly discussed above, Caballes cannot deny his participation in these transactions. There is no question that his certifications and signatures were indispensable in the purchases of the items, which effectively facilitated the illegal and irregular disbursement of public funds in favor of Ethnol Generics and J.V. Sorongon Enterprises.67chanRoblesvirtualLawlibrary
The first punishable act is that the accused is said to have caused undue injury to the government or any party when the latter sustains actual loss or damage, which must exist as a fact and cannot be based on speculations or conjectures. The loss or damage need not be proven with actual certainty. However, there must be "some reasonable basis by which the court can measure it." Aside from this, the loss or damage must be substantial. It must be "more than necessary, excessive, improper or illegal."
The second punishable act is that the accused is said to have given unwarranted benefits, advantage, or preference to a private party. Proof of the extent or quantum of damage is not thus essential. It is sufficient that the accused has given "unjustified favor or benefit to another."66cralawredlibrary
Seeing as it would be difficult to provide direct evidence establishing the conspiracy among the accused, the Sandiganbayan may infer it "from proof of facts and circumstances which, taken together, apparently indicate that they are merely parts of some complete whole." It was therefore unnecessary for the Sandiganbayan to find direct proof of any agreement among Napoles, former Senator Enrile and Reyes. The conspiracy may be implied from the intentional participation in the transaction that furthers the common design and purpose. As long as the prosecution was able to prove that two or more persons aimed their acts towards the accomplishment of the same unlawful object, each doing a part so that their combined acts, though apparently independent, were in fact connected and cooperative, indicating a closeness of personal association and a concurrence of sentiment, the conspiracy may be inferred even if no actual meeting among them was proven.69cralawredlibraryIn the present case, the implied conspiracy among Caballes, Legaspi, and Peralta caused undue injury to the government in the total amount of P350,948.00, which represents the combined overpriced amount of the purchases made in Criminal Case Nos. 24480, 24482, 24484, and 24486. The said amount is broken down as follows:
The damage or injury to the government could have been avoided, had these public officers exercised prudence and diligence in procuring or purchasing the medicines or medical supplies, and in examining the supporting documents before approving and signing the POs, RIVs, and/or DVs. Indeed, the fraudulent transactions would not have succeeded without the cooperation of all three of them whose signatures on these documents made possible the release of payments to Ethnol Generics and J.V. Sorongon Enterprises. Hence, aside from causing damage or injury to the government, Caballes, together with Legaspi and Peralta, also gave unwarranted benefit, advantage or preference to the said entities.70chanRoblesvirtualLawlibrary
Crim. Case No. 24480 DV No. CSP-90-12-3322 P 47,200.00 Crim. Case No. 24482 DV No. A7i(2)-91-04-029 P 47,200.00 Crim. Case No. 24484 DV No. A1e-90-11-2619 P 67,968.00 Crim. Case No. 24486 DV No. A1e-90-11-2864 P 188,580.00 Total: P350,948.00
Endnotes:
* Designated additional Member per Raffle dated July 26, 2022 vice Chief Justice Alexander G. Gesmundo who recused due to prior participation in the Sandiganbayan.
1 Rollo, pp. 61-63.
2 Id. at 4-60. Penned by Associate Justice Oscar C. Herrera, Jr., and concurred in by Associate Justices Michael Frederick L. Musngi and Lorifel L. Pahimna.
3 Id. at 172.
4 Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: (e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
5 Entitled "ANTI-GRAFT AND CORRUPT PRACTICES ACT." Approved: August 17, 1960.
6 Records, Vol. 1, pp. 284-285. Emphasis supplied.
7 Id. at 289-290. Emphasis supplied.
8 Id. at 292-293. Emphasis supplied.
9 Id. at 295-296. Emphasis supplied.
10 Id. at 300-301. Emphasis supplied.
11 Id. at 305-306. Emphasis supplied.
12 Rollo, p. 202.
13 Id.
14 Id. at 198 and 203.
15 Administrative Order No. 28, series of 1987 dated August 28, 1987 re: Adoption of the System of Regional Bulk Procurement signed by Alfredo R.A. Bengzon, M.D., Secretary of Health; Exhibit "L."
16 Rollo, p. 203.
17 Id. at 198.
18 Id. at 199.
19 Id.
20 Id. See notes 6-11.
21 Id.
22 Id. at 203-205.
23 Id. at 206.
24 Records, Vol. 9, p. 4,217.
25 Id.
26 Id.; rollo, p. 90.
27 Rollo, p. 90.
28 Id. at 91.
29 Id.
30 Id. at 37.
31 Id. at 37-38.
32 Id. at 57-59.
33 Id. at 172.
34 Id.
35 Id. at 219.
36 People v. Dasmariñas, 819 Phil. 357, 376 (2017), citing People v. Manalili, 355 Phil. 652, 684 (1998).
37 Cabrera v. People, G.R. No. 191611-14, July 29, 2019.
38 Rollo, p. 98.
39 Id. at 103-104.
40 Cabrera v. People, supra.
41 Records, Vol. I, pp. 284-285 and 289-290.
42 Prosecution's Formal Offer of Evidence, Records, Vol. 7, pp. 3033-3088; Exhibit "HH."
43 Exhibit "JJ."
44 Exhibit "HH-5."
45 Exhibit "JJ-5."
46 Exhibit "JJ-5-a."
47 Records, Vol. 9, p. 4,217.
48 TSN, October 16, 2014, pp. 50-51.
49 Id. at 58.
50 Rollo, pp. 90-91.
51 Id. at 214-215.
52 Prosecution's Formal Offer of Evidence, records, Vol. 7, pp. 3033-3088; Exhibit "OO."
53 Id.
54 Exhibit "OO-5."
55 Id.
56 Rollo, pp. 23 and 215; DOH Memorandum Circular No. 08, series of 1987, provides that government agencies are allowed to purchase directly from manufacturers or distributors, as an exception to the rule on public bidding, provided that two conditions are satisfied, namely: (a) that the manufacturer/distributor is the exclusive manufacturer/distributor of the product in the Philippines and that there is no sub-dealer selling the product at a lower price; and (b) there is no suitable substitute for the product available at a lower price.
57 Rollo, pp. 56 and 216; Prosecution's Formal Offer of Evidence, Records, Vol. 7, pp. 3033-3088; Exhibit "QQ-11."
58 Prosecution's Formal Offer of Evidence, records, Vol. 7, pp. 3033-3088; Exhibit "QQ-5."
59 Exhibit "QQ-4-a."
60 Exhibit "QQ."
61 Id.
62 G.R. No. 207154, December 5, 2019.
63 Id., citing SPO1 Lihaylihay v. People, 715 Phil. 722, 732 (2013).
64 Cabrera v. People, supra note 37.
65 Id.
66 Id.
67 Rollo, p. 219.
68 820 Phil. 506, 522 (2017).
69 Id. Emphasis supplied.
70 Umipig v. People, 691 Phil. 272, 310-311 (2012).
71 Cabrera v. People, supra note 37.
72 Rollo, pp. 94-97.
73 Id. at 96.
74 Id. at 97.
75 Corpuz v. People, G.R. No. 241383, June 8, 2020.
76 259 Phil. 794, 805 (1989).
77 Rollo, p. 106.
78 Castillo-Co v. Sandiganbayan, 838 Phil. 664, 679 (2018).
79 Id.
80 Exhibits "HH-8," "JJ-8," and "QQ-8."
81 Section 9 (a) of RA 3019, as amended, reads: Section 9. Penalties for violations. – (a) Any public officer or private person committing any of the unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less than six years and one month nor more than fifteen years, perpetual disqualification from public office, and confiscation or forfeiture in favor of the Government of any prohibited interest and unexplained wealth manifestly out of proportion to his salary and other lawful income.
Any complaining party at whose complaint the criminal prosecution was initiated shall, in case of conviction of the accused, be entitled to recover in the criminal action with priority over the forfeiture in favor of the Government, the amount of money or the thing he may have given to the accused, or the fair value of such thing. x x x
82 Cabrera v. People, supra note 37.
83 Rollo, pp. 57-59.
84 Section 11, Rule 122 of the Rules of Court; People v. Galicia, G.R. No. 238911, June 28, 2021.
85 Rollo, p. 57.
86 P162,568.00 divided by the three accused (Legaspi, Peralta, and Caballes) equals P54,189.33.
87 P350,948.00-(P54,189.33*2) equals P242,569.34.cralawredlibrary