REPUBLIC OF THE PHILIPPINES SANDIGANBAYAN Quezon City SECOND DIVISION PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. SB-13-CRM- Plaintiff, 0574 For: Violation of Section 3(e) of R.A. No. 3019 = versus - MANUEL A. TIO, Present: Accused. HERRERA, Jr., J., Chairperson MUSNGI, J., Associate Justice PAHIMNA, J., Associate Justice Notwmbn 23 Avls gy Promulgated DECISION MUSNGI, J.: ‘The accused Manuel A. Tio (‘“Tio”) is charged with violation of Section 3(e) of Republic Act No. 3019 (R.A. No. 3019), as amended, otherwise known as the Anti-Graft and Corrupt Practices Act. The Information reads as follows: “That in or about the months of August and October, 2008, or sometime prior or subsequent thereto, in the Municipality of Luna, Isabela, Philippines, and within the jurisdiction of this Honorable Court, the aecused MANUEL A, TIO, a high-ranking public official duly elected as such, being then the Municipal Mayor of Luna, Isabela, committing the offen: herein charged in relation to his office, while discharging and taking advantage of his official and administrative functions, and acting with manifest partiality, evident bad faith, or gross inexcusable negligence, did then and there willfully, unlawfully, and criminally give unwarranted benefit, advantage or preference to his own daughter’s gasoline station, ‘Automate Gasoline Station, by allowing the direct purchase, on several ‘occasions, gasoline for purposes of road maintenance, only from said ‘Automate Gasoline Station, in the total amount of THREE HUNDRED FIVE THOUSAND EIGHT HUNDRED FORTY-ONE PESOS AND FORTY-THREE CENTAVOS, PHILIPPINE CURRENCY, (Php305,841.43), without the benefit of a competitive public bidding, where such public bidding is required and other suppliers exist, to the prejudice of the government and public interest. oeCriminal Case No. SB-13-CRM-0574 People of the Philippines v. Manuel A. Tio DECISION Page 2 of 21 mes x CONTRARY TO LAW.” ANTECEDE FAC On 17 December 2013, accused Tio was arraigned. The prosecution and the accused submitted their respective Pre-Trial Briefs! on 24 April 2014. The Court then issued a Pre-Trial Order” on 27 May 2014, The case proceeded to trial and the prosecution presented its documentary and testimonial evidence. After the prosecution rested its case, it submitted its Formal Offer of Evidence? on 28 June 2016. The accused then presented his evidence. On 30 January 2018, he submitted his Formal Offer of Evidence.‘ He also filed his Memorandum on 03 August 2018. The case was then submitted for decision. EVIDENCE FOR THE PROSECUTION Engr. Aurelio U. Battad Engr. Aurelio U. Battad (Engr. Battad)° is the private complainant (Exhibits “A” and “B”) and the Municipal Engineer of the Municipality of Luna, Province of Isabela. He testified that he was appointed as a member of the Bids and Awards Committee (BAC) at the time material to the case as evidenced by Executive Order No. 012 (Exhibits “Y” and “Y-1"), and that he discovered that accused Tio prepared and signed three Obligation Requests for the payment of gasoline to Automate Gasoline Station (Automate Gas Station) dated 29 August 2008 and 06 October 2008 in the total amount of PhP305,841.43 for the Agrarian Reform Communities Road Maintenance Project (ARC Road Maintenance Project). Engr. Battad alleged that the amount was debited from the account of the municipality. Engr. Battad further testified that all members of the BAC tendered an irrevocable resignation on 23 February 2009 (Exhibit “F”) after accused Tio allegedly asked them to prepare antedated bidding documents, and that they discovered that there were several purchases which did not undergo public bidding. ' Sandiganbayan Records, Vol. 1, pp. 148-159. 2 [bid, pp. 180-188, > Ibid, pp. 346-404 + Sandiganbayan Records, Vol. 2, pp. 62-126, SSN, 10 huly 2014,Criminal Case No. SB-13-CRM-0574 People of the Philippines v. Manuel A. Tio DECISION Page 3 of 21 se x Engr. Battad recalled that the purchases of gasoline, which did not undergo public bidding, were prepared and requested by accused Tio for Automate Gas Station, a gas station owned by his daughter Margaret Tio. He alleged that the members of the BAC discovered that there were three (3) Obligation Requests Nos. 100-2008-08-1810 (Exhibit “C”), 100-2008-10- 2037 (Exhibit “D”), and 100-2008-10-2038 (Exhibit “E”), pertaining to these transactions. The Obligation Requests allegedly did not pass through the BAC Office for public bidding. He also testified in re-cross examination that there were four gasoline stations in Luna, Isabela from July to October 2008, namely, Shell Station owned by Mr, Velayo, Petron Pumping Station owned by Mr. Baysa, Shell Pumping Station owned by Mr. Mangabat, and the Automate Gas Station ‘owned by Margaret Tio. Henry Ageaoili Henry Agcavili (Ageaoili)® is the Municipal Agriculturist of the Municipality of Luna, Province of Isabela from 1991 up to the present. He testified that he was appointed as Chairman of the BAC from July 2008 to February 2009 as evidenced by Executive Order No. 012 (Exhibit “Y” and “y-1”), As Chairman of the BAC during that period, he stated that he never received a single request from accused Tio, the head of the procuring entity. The subject purchase of gasoline allegedly did not pass through the BAC Office. Witness Ageaoili stated that he resigned as Chairman of the BAC because they cannot grant the request of accused Tio to prepare antedated documents, such as the request from the Commission on Audit (COA), the bidding documents, the receipt of payment of materials, and the payment of the BAC Agnes Quiambao Agnes Quiambao (Quiambao)’ is the Municipal Budget Officer of the Municipality of Luna, Province of Isabela from 1985 up to the present. She identified the three (3) Obligation Requests Nos. 100-2008-08-1810 (Exhibit “C”) in the amount of PhP 126,685.56, 100-2008-10-2037 (Exhibit “D”) in the amount of PhP85,647.32, and 100-2008-10-2038 (Exhibit “E”) in the amount of PhP93,508.55, for the payment of gasoline expenses for the ARC Road Maintenance Project, sourced from the General Fund of the municipality. She mentioned that these Obligation Requests were prepared and requested by accused Tio. Upon receipt of the Obligation Requests, witness Quiambao tI © TSN, 26 August 2014. 7 TSN, 01 October 2014