ROSENDO H. ESCARA, petitioner, vs.

PEOPLE OF THE PHILIPPINES, respondent

G.R. No. 164921
July 8, 2005

Ynares- Santiago, J.

Facts:
Upon the direction of the Provincial Treasurer of Quezon Province, the
Municipal Treasurer of Polillo, Quezon, Naime Ayuma, conducted a public bidding of
for the materials to be used in the repair of the Navotas Bridge. The bid was
eventually awarded to V.M. Guadines Construction Supply (VMGCS) for an amount
of P83, 228.00. The said materials were then delivered to the Barangay Captain of
Poblacion, Polillo, Quezon, Azaula.
On November 20, 1992, Herminio Salvosa, officer-in-charge of the
Department of Environment and Natural Resources of Polillo, Quezon, confiscated
73 pieces of undocumented Makaasim lumber piled along the Polillo-Bordeos road.
They measured the lumber using marking hatchet No. 1742 and marked them
“DENR CONFISCATED” before turning them over to Azaula for safekeeping as
evidence by a Seizure receipt.
Sometime in February 1993, Salvosa found out that the confiscated lumber
were still used in the construction of the bridge. Meanwhile, the then Mayor of
Polillo, Quezon, Rosendo H. Escara issued payment of P83, 288.00 to VMGC. The
COA after the investigation allowed only P12, 204.00 to be paid to the latter as
costs of the wires and nails used and disallowed P70, 924.00 as the amount of the
confiscated lumber,
An amended information was filed charging petitioner Azaula, Guadines, and
Ayuma with violation of Sec. 3(e) of R.A. No. 3019. Ayuma was eventually dropped
from the information. On April 30, 2004, the Sandiganbayan rendered the assailed
decision finding petitioner, Azaula and Guadines guilty as charged. Petitioners’
Motion for Reconsideration was denied.

Issue:
Whether or not the Sandiganbayan erred in finding the accused guilty of
violation against R.A. No. 3019 of Sec. 3(e)

Ruling:
No. The Sandiganbayan did not err in finding the accused guilty of the
violation againist R.A. No. 3019 of Sec. 3(e).
Violation of Sec 3 (e) of R.A. 3019 requires proof of the following facts: (1) the
accused is a public officer discharging administrative or official functions or private
person charged in conspiracy with them. (2) the public officer committed the
prohibited act during the performance of his official duty or in relation to his public
position; (3) the public officer acted with manifest partiality, evident bad faith or
gross, inexcusable negligence, and; (4) his action caused undue injury to the
Government or any private party, or gave any party any unwarranted benefit,
advantage or preference to such parties.
In this case, the petitioner committed the prohibited act in relation to his
public position as mayor of Polillo, Quezon. There was evident bad faith and
manifest partiality when he signed the inspection report and the disbursement
voucher because he ha foreknowledge that the materials delivered by Guadines
have already been confiscated by the DENR, which caused undue injury to the
Government and gave unwarranted benefit to Guadines in the amount of P70,
924.00.
Wherefore, the petition is dismissed.