SECOND DIVISION
G.R. No. 240947, June 03, 2019
DARIUS F. JOSUE, PETITIONER, v. PEOPLE OF THE PHILIPPINES AND THE SPECIAL PROSECUTOR, OFFICE OF THE OMBUDSMAN, RESPONDENTS.
G.R. NO. 240975
ANGELITO C. ENRIQUEZ, DARIUS F. JOSUE, EDEN M. VILLAROSA, LEONARDO V. ALCANTARA JR., AND LINO G. AALA,*PETITIONERS, v. PEOPLE OF THE PHILIPPINES, RESPONDENT.
D E C I S I O N
PERLAS-BERNABE, J.:
Assailed in these consolidated petitions for review on certiorari1 are the Decision2 dated May 25, 2018 and the Resolution3 dated July 30, 2018 of the Sandiganbayan (SB) in Criminal Case No. SB-11-CRM-0373, which found petitioners Darius F. Josue (Josue), Eden M. Villarosa (Villarosa), Angelito C. Enriquez (Enriquez), Leonardo V. Alcantara, Jr. (Alcantara), and Lino G. Aala (Aala; collectively, petitioners) guilty beyond reasonable doubt of violation of Section 3 (e) of Republic Act No. (RA) 3019,4 entitled the "Anti-Graft and Corrupt Practices Act."
That on 07 November 2005 or sometime prior or subsequent thereto, in the City of Manila, Philippines, and within the jurisdiction of this Honorable Court, the above named accused, all public officers, the first two are high ranking officers occupying SG 28, being Director IV and Agency Head and Chief of the Special Production Division, respectively, and Officer-in-charge, Finance and Administrative Division; [Officer-in charge] Accounting Section; Publications and Productions Chief, Special Productions Division; and Administrative Officer V, respectively, all of the Bureau of Communications Services, Government Mass Media Group, an agency under the Office of the President, conspiring and confederating with one another, while in the performance of their duties as Chairman, Vice-Chairman and Members of the Bids and Award[s] Committee, and committing the offense in relation to duty, did then and there, through manifest partiality[,] evident bad faith, or through gross inexcusable negligence, give unwarranted benefits, advantage or preference to Ernest Printing Corporation, by awarding to said corporation the contract for the lease purchase of one (1) unit Heidelberg single color offset press in the amount of Php882,075.47, without public bidding and Approved Budget for the Contract and paying the said corporation the amount of Php850,000.00 upon signing of the lease-purchase contract instead of the monthly amortization of Php73,506.29 to the damage and prejudice of the government and the public interest.The prosecution alleged that at the time relevant to the criminal case, petitioners were public officers of the Bureau of Communications Services (BCS), under the Office of the President, respectively holding the positions of Finance and Administrative Division officer-in-charge (OIC), Accounting Section OIC, Publications and Productions Chief, Special Productions Division Chief, and Administrative Officer V. As such, they were respectively designated as Chairperson, Vice-Chairperson, and members of the BCS-Bids and Awards Committee (BCS-BAC) to facilitate BCS's procurement needs.8 Meanwhile, Varona was the Director IV of the BCS.9
CONTRARY TO LAW.7
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:Verily, the elements of violation of Section 3 (e) of RA 3019 are as follows: (a) that the accused must be a public officer discharging administrative, judicial, or official functions (or a private individual acting in conspiracy with such public officers); (b) that he acted with manifest partiality, evident bad faith, or inexcusable negligence; and (c) that his action caused any undue injury to any party, including the government, or gave any private party unwarranted benefits, advantage, or preference in the discharge of his functions.37
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.
Endnotes:
* Darius F. Josue, Eden M. Villarosa, Leonardo V. Alcantara, Jr., and Lino G. Aala were included as co petitioners of Angelito C. Enriquez in his petition posted before this Court on September 17, 2018 (see rollo [G.R. No. 240975], pp. 15-16). On even date, Eden M. Villarosa, Leonardo V. Alcantara, Jr., and Lino G. Aala also filed their petition (see id. at 136). Both petitions were docketed as G.R. No. 240975.
** On official leave.
1Rollo (G.R. No. 240947), pp. 11-47; and rollo (G.R. No. 240975), pp. 15-44 and 136-155.
2Rollo (G.R. No. 240947), pp. 48-87; and rollo (G.R. No. 240975), pp. 45-84. Penned by Associate Justice Zaldy V. Trespeses with Associate Justice and Chairperson Ma. Theresa Dolores C. Gomez Estoesta and Associate Justice Bayani H. Jacinto, concurring.
3Rollo (G.R. No. 240947), pp. 88-106; and rollo (G.R. No. 240975), pp. 85-103.
4 (August 17, 1960).
5Rollo (G.R. No. 240975), pp. 254-256.
6 "Eduardo Varona, Jr." passed away on June 14, 2006 while the case was pending before the Ombudsman; see rollo (G.R. No. 240947), pp. 49-50 and 156.
7 See rollo (G.R. No. 240975), pp. 254-255.
8 See rollo (G.R. No. 240947), pp. 48 and 50.
9 Id. at 48.
10 See Purchase Request No. 05-11-0412; id. at 107.
11 See also Justification on the Lease-Purchase of a Heidelberg Offset Press dated November 7, 2005; id. at 108-109.
12 See BCS Disposition Form with Office Control No. FAD-2005-39; id. at 110.
13 See id.
14 See id. at 107.
15 Entitled "DIRECTING THE CONTINUED ADOPTION OF AUSTERITY MEASURES IN THE GOVERNMENT," approved on August 31, 2004. It provides, inter alia, that:Section 1. All national government agencies (NGAs), including state universities and colleges (SUCs), government-owned and controlled corporations (GOCCs), government financial institutions (GFIs), and other government corporate entities (OGCEs), and their subsidiaries, and other instrumentalities under the Executive Department, whether or not they receive funding support through the General Appropriations Act, are hereby ordered to adopt the following austerity measures;
x x x x
(f) Strict prioritization of capital expenditures, and realignment of use of savings to fund capital programs of the agencies, especially those in pursuit of the 10-point Legacy Agenda.
16 See rollo (G.R. No. 240947), p. 52.
17 Entitled "RECOMMENDING THE ADOPTION OF AN ALTERNATIVE Mom: IN THE PROCUREMENT COVERED BY PURCHASE REQUEST NO. 05-11-0412 AND FOR OTHER PURPOSES," issued on November 7, 2005. Id. at 111-112.
18 Entitled "AN ACT PROVIDING FOR THE MODERNIZATION, STANDARDIZATION AND REGULATION OF THE PROCUREMENT ACTIVITIES OF THE GOVERNMENT AND FOR OTHER PURPOSES," otherwise known as the "GOVERNMENT PROCUREMENT REFORM ACT," approved on January 10, 2003. See also "IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT No. 9184, OTHERWISE KNOWN AS THE 'GOVERNMENT PROCUREMENT REFORM ACT' (As AMENDED)," approved on August 3, 2009.
19 See rollo (G.R. No. 240947), pp. 113-119.
20 See id. at 120-125.
21 See BCS-BAC Resolution No. 2005-02, entitled "RECOMMENDING THE AWARD OF THE LEASE PURCHASE CONTRACT UNDER THE APPROVED PURCHASE REQUEST NO 05-11-0412 TO ERNEST PRINTING CORPORATION AND FOR OTHER PURPOSES," issued on November 9, 2005; id. at 126-127.
22 Id. at 133-135.
23 Id. at 135.
24 See id. at 65-68.
25 See id. at 89-92.
26 See id. at 74-75.
27 See id. See also Section 106 of PD 1445, entitled "ORDAINING AND INSTITUTING A GOVERNMENT AUDITING CODE OF THE PHILIPPINES" otherwise known as the "GOVERNMENT AUDITING CODE OF THE PHILIPPINES," approved on June 11, 1978, which reads:Section 106. Liability for Acts Done by Direction of Superior Officer. – No accountable officer shall be relieved from liability by reason of his having acted under the direction of a superior officer in paying out, applying, or disposing of the funds or property with which he is chargeable, unless prior to that act, he notified the superior officer in writing of the illegality of the payment, application, or disposition. The officer directing any illegal payment or disposition of the funds or property shall be primarily liable for the loss, while the accountable officer who fails to serve the required notice shall be secondarily liable.28 Entitled "ORDAINING AND INSTITUTING A GOVERNMENT AUDITING CODE OF THE PHILIPPINES," otherwise known as the "GOVERNMENT AUDITING CODE OF THE PHILIPPINES," approved on June 11, 1978. See also rollo (G.R. No. 240947), pp. 74-75.
29 See id. at 49-50.
30Rollo (G.R., No. 240947), pp. 48-87; and rollo (G.R. No. 240975), pp. 45-84.
31Rollo (G.R. No. 240947), p. 86.
32 See id. at 80-82.
33 See Id. at 82-84.
34 Dated June 8, 2018 (see id. at 12); the motion for reconsideration was not attached to the rollos.
35Rollo (G.R. No. 240947), pp. 88-106; and rollo (G.R. No. 240975), pp. 85-103.
36Rollo (G.R. No. 240947), pp. 11-47; rollo (G.R. No. 240975), pp. 15-44 and 136-155.
37 See Cambe v. Ombudsman, 802 Phil. 190, 216-217 (2016), citing Presidential Commission on Good Government v. Navarra-Gutierrez, 772 Phil. 91, 102 (2015).
38 "It is settled that direct proof is not essential to establish conspiracy as it may be inferred from the collective acts of the accused before, during and after the commission of the crime. It can be presumed from and proven by acts of the accused themselves when the said acts point to a joint purpose, design, concerted action, and community of interests." (People v. Lamsen, 704 Phil. 500, 510 [2013], citing People v. Buntag, 471 Phil. 82, 93 [2004])
39 See Section 4 of PD 1445. See also Miralles v. Commission on Audit, G.R. No. 210571, September 19, 2017, 840 SCRA 1 08, 1 18-1 19.
40 Section 49 of RA 9184 reads:
Section 49. Limited Source Bidding.- Limited Source Bidding may be resorted to only in any of the following conditions:41 See Order dated July 18, 2012 of the Office of the Ombudsman in Field Investigation Office (FIO) v. Varona, et al., docketed as OMB-C-A-08-0324-G; rollo, (G.R. No. 240947), pp. 175-187.
(a) Procurement of highly specialized types of Goods and Consulting Services which are known to be obtainable only from a limited number of sources; or (b) Procurement of major plant components where it is deemed advantageous to limit the bidding to known eligible bidders in order to maintain an optimum and uniform level of quality and performance of the plant as a whole.
42] Rollo (G.R. No. 240947), pp. 18-44 and 89-92; rollo (G.R. No. 240975). pp. 25-33 and 141-153.
43 Paragraph 1, Section 29, Article VI of the Constitution.
44 See rollo (G.R. No. 240947), pp. 102-105.
45 See Flores v. People, G.R. No. 222861, April 23, 2018.
46People v. Sandiganbayan, 769 Phil. 378, 391 (2015).
47Rollo (G.R. No. 240947), pp. 99-100.
48 See People v. Cuevas, G.R. No. 238906, November 5, 2018.