Anti-Graft Case: Timoteo Garcia Decision
Anti-Graft Case: Timoteo Garcia Decision
155574
Today is Thursday, October 29, 2020
FIRST DIVISION
G.R. No. 155574 November 20, 2006
TIMOTEO A. GARCIA, Petitioner,
vs.
SANDIGANBAYAN, Respondent.
D E C I S I O N
CHICONAZARIO, J.:
Before Us is a Petition for Review on Certiorari under Rule 45 of the Rules of Court which seeks to set aside and
nullify the Decision1 of the Sandiganbayan dated 6 May 2002 which convicted petitioner Timoteo A. Garcia of 56
counts of violation of Section 3(b) of Republic Act No. 3019, as amended, otherwise known as the "AntiGraft and
Corrupt Practices Act," in Criminal Cases Nos. 24042 to 24098 (except 24078), and its Resolution 2 dated 2 October
2002 denying petitioner’s Motion for Reconsideration.
The instant case stemmed from the Complaint of Maria Lourdes Miranda against petitioner, then Regional Director,
Land Transportation Office (LTO), Region X, Gilbert G. Nabo and Nery Tagupa, employees of the same office, for
violation of the AntiGraft and Corrupt Practices Act for their alleged frequent borrowing of motor vehicles from Oro
Asian Automotive Center Corporation (Company). Finding probable cause for violation thereof, Graft Investigation
Officer II Gay Maggie F. BalajadiaViolan recommended that petitioner, Gilbert G. Nabo and Nery Tagupa be
indicted for violation of Section 3(b) of Republic Act No. 3019, as amended.
On 14 August 1997, 57 Informations were filed with the Sandiganbayan against petitioner, Gilbert G. Nabo and Nery
Tagupa for violation of Section 3(b) of Republic Act No. 3019, as amended. The Information in Criminal Case No.
24042 reads:
That on or about the period covering January 9, 1993 to January 10, 1993 or sometime prior thereto, in Cagayan de
Oro City, Philippines, within the jurisdiction of this Honorable Court, the said accused, TIMOTEO A. GARCIA,
GILBERT G. NABO and NERY TAGUPA, being then public officers or employees of the Land Transportation Office
(LTO), Cagayan de Oro City, taking advantage of their respective official positions, and conspiring, confederating
and mutually helping one another and with intent to gain personal use or benefit, did then and there willfully,
unlawfully and feloniously borrow One (1) unit Asian Automotive Center’s Service Vehicle – Fiera Blue KBK732, in
good running condition, spare tire, tools from Oro Asian Automotive Corporation, which is engaged in the business
of vehicle assembly and dealership in Cagayan de Oro City, knowing that said corporation regularly transacts with
the accused’s LTO Office for the registration of its motor vehicles, in the reporting of its engine and chassis numbers
as well as the submission of its vehicle dealer’s report and other similar transactions which require the prior
approval and/or intervention of the said accused Regional Director and employees and/or their said LTO office in
Cagayan de Oro City, to the damage and prejudice of and undue injury to said Oro Asian Automotive Corporation,
including complainant Maria Lourdes Miranda.3
The fiftysix other Informations are similarly worded except for the alleged dates of commission of the offense, and
the types/descriptions of the vehicles allegedly borrowed by them. The pertinent data in the other informations are
as follows:
24044 January 23, 1993 to One (1) unit FIERA BLUE KBK732, service vehicle
January 24, 1993 of Asian Automotive Center, in good running
condition with tools, spare tire
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24049 Morning of March One (1) unit TAMARAW HSPUR, yellow in color,
27, 1993 to KBN156, in good condition, with spare tire, with jack
afternoon of March and tire wrench
27, 1993
24050 April 24, 1993 to One (1) unit TAMARAW HSPUR, Yellow in color,
April 25, 1993 KBN156, in good condition, with spare tire, jack and
tire wrench
24065 September 18, 1993 One (1) unit AERO D HSPUR, KBP375, in good
to September 19, running condition, upholstered seats, side view
1993 mirrors, rear view mirror, jack w/ handle, tire wrench,
seats
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24071 November 27, 1993 One (1) unit AERO DII HSPUR, KBP375, good
to November 28, running condition, jack w/ handle, tire wrench, spare
1993 tire
24072 December 4, 1993 to One (1) unit AERO DII HSPUR, KBP375, good
December 5, 1993 running condition, jack w/ handle, tire wrench, spare
tire
24073 December 11, 1993 One (1) unit AERO D HSPUR, white in color, KBP
to December 12, 375, full in dash instrumentation, jack w/ handle, tire
1993 wrench in good running condition
24074 December 18, 1993 One (1) unit AERO D HSPUR, white in color, KBP
to December 19, 375, full in dash instrumentation, jack w/ handle, tire
1993 wrench in good running condition
24075 January 8, 1994 to One (1) unit AERO D HSPUR, white in color, KBP
January 9, 1994 375, full in dash instrumentation, jack w/ handle, tire
wrench in good running condition
24076 Morning of January One (1) unit AERO D HSPUR, white in color, KBP
15, 1994 to late 375, full in dash instrumentation, jack w/ handle, tire
afternoon of January wrench in good running condition.
15, 1994
24078 Withdrawn per Court Resolution dated July 3, 1998, p. 103 Crim. Case # 24042
24079 February 5, 1994 to One (1) unit AERO D HSPUR, white in color, KBP
February 6, 1994 375, full in dash instrumentation, jack w/ handle, tire
wrench in good running condition
24080 February 12, 1994 One (1) unit AERO DII HSPUR, KBP375, in good
to February 13, running condition, jack w/ handle, tire wrench, spare
1994 tire
24081 February 26, 1994 One (1) unit AERO D HSPUR, white in color, KBP
to February 27, 375, full in dash instrumentation, jack w/ handle, tire
1994 wrench in good running condition
24082 March 4, 1994 to One (1) unit AERO D HSPUR, white in color, KBP
March 5, 1994 375, full in dash instrumentation, jack w/ handle, tire
wrench in good running condition
24083 March 12, 1994 to One (1) unit AERO D HSPUR, white in color, KBP
March 13, 1994 375, full in dash instrumentation, jack w/ handle, tire
wrench in good running condition
24084 March 19, 1994 to One (1) unit AERO D HSPUR, white in color, KBP
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March 20, 1994 375, full in dash instrumentation, in good running
condition, with jack, tire wrench, spare tire.
24085 April 9, 1994 to One (1) unit AERO D HSPUR, white in color, KBP
April 10, 1994 375, full in dash instrumentation, jack w/ handle, tire
wrench in good running condition
24086 April 30, 1994 to One (1) unit AERO D HSPUR, white in color, KBP
May 1, 1994 375, full in dash instrumentation, jack w/ handle, tire
wrench in good running condition
24087 May 7, 1994 to May One (1) unit AERO D HSPUR, white in color, KBP
8, 1994 375, full in dash instrumentation, jack w/ handle, tire
wrench in good running condition
24088 May 14, 1994 to One (1) unit AERO D HSPUR, white in color, KBP
May 15, 1994 375, full in dash instrumentation, jack w/ handle, tire
wrench in good running condition
24089 May 21, 1994 to One (1) unit AERO D HSPUR, white in color, KBP
May 22, 1994 375, full in dash instrumentation, jack w/ handle, tire
wrench in good running condition
24090 June 4, 1994 to One (1) unit AERO DII HSPUR, KBP375, in good
June 5, 1994 running condition, jack w/ handle, tire wrench, spare
tire
24091 June 11, 1994 to One (1) unit AERO DII HSPUR, KBP375, in good
June 12, 1994 running condition, jack w/ handle, tire wrench, spare
tire
24092 June 17, 1994 to One (1) unit AERO DII HSPUR, KBP375, in good
June 19, 1994 running condition, jack w/ handle, tire wrench, spare
tire
24093 July 2, 1994 to July One (1) unit AERO D HSPUR, white in color, KBP
3, 1994 375, full in dash instrumentation, jack w/ handle, tire
wrench in good running condition
24094 July 23, 1994 to One (1) unit AERO D HSPUR, white in color, KBP
July 24, 1994 375, full in dash instrumentation, jack w/ handle, tire
wrench in good running condition
24095 August 25, 1994 to One (1) unit AERO D VAN with engine no. C190
August 28, 1994 542416, chassis no. SMM908370C, full in dash
instrumentation, maroon in color with plate no. KBN
865, in good condition
24096 Morning of One (1) unit AERO D HSPUR, white in color, KBP
September 3, 1994 375, full in dash instrumentation, jack, tire wrench, in
to afternoon of good running condition
September 3, 1994
24097 September 17, One (1) unit AERO D HSPUR, white in color, KBP
1994 to September 375, full in dash instrumentation, in good running
18, 1994 condition
24098 November 26, 1994 One (1) unit AERO D HSPUR, white in color, KBP
to November 27, 375, full in dash instrumentation, jack w/ handle, tire
1994 wrench in good running condition4
On 22 August 1997, the Sandiganbayan issued orders for the arrest of the three accused 5 and for the holding of
their departure from the country.6 On 6 October 1997, petitioner posted a consolidated surety bond for his
provisional liberty.7
In a resolution dated 3 July 1998, the withdrawal of the information in Criminal Case No. 24078 was granted.8
On 17 August 1998, when arraigned, petitioner and accused Tagupa, assisted by counsel de parte, pleaded "not
guilty" to the charges.9 Accused Nabo remains at large.
On 15 October 1998, pretrial was concluded.10 Thereafter, trial ensued.
The evidence of the prosecution, as summarized by the Sandiganbayan, are as follows:
ESTANISLAO BARRETE YUNGAO (hereinafter, "Yungao") declared that he was employed as the driver and liaison
officer of the Oro Asian Automotive Center Corporation (hereinafter, "the Company"), an establishment engaged in
the assembly of motor vehicles, during the period covering the years 1991 to 1995. As such, Yungao had to officially
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report to the Land Transportation Office ("LTO") of Cagayan de Oro City all the engine and chassis numbers prior to
the assembly of any motor vehicle. In the process, the Company had to secure from the LTO a Conduct Permit after
a motor vehicle has been completely assembled, for purposes of carrying out the necessary road testing of the
vehicle concerned. After the said road testing and prior to its eventual sale/disposition, the vehicle has to be first
properly registered with the LTO. Accused Garcia, in his capacity as the Director of the LTO of Cagayan de Oro City,
during all times relevant to the instant cases, was the approving authority on the aforesaid reportorial requirements
and the signatory of the said Conduct Permits.
By reason thereof, Yungao knew accused Garcia since January of 1991. Yungao would always personally talk to
accused Garcia regarding the issuance of the required Conduct Permit for any newly assembled vehicle. Yungao
would secure from accused Garcia as many as 30 to 40 of such permits in a year.
In the process, accused Garcia would regularly summon Yungao to his office to tell him to inform either Aurora or
Alonzo Chiong, the owners of the Company, that he (accused Garcia) would borrow a motor vehicle for purposes of
visiting his farm. When Yungao could not be contacted, accused Garcia would personally call up the Company and
talk to the owners thereof to borrow the vehicle. Accused Garcia confided to Yungao that he could not utilize the
assigned government vehicle for his own personal use during Saturdays and Sundays. It was for this reason that he
had to borrow vehicles from the Chiongs to enable him to visit his farm.
Yungao maintained that accused Garcia had been regularly borrowing motor vehicles from the Chiongs during the
period covering January of 1993 up to and until November of 1994. Accused Garcia would always ask his
representative to take the Company’s vehicle on a Saturday morning. However, Yungao never reported for work on
Saturdays; thus, he was not the one who actually released the borrowed motor vehicles to the representative of
accused Garcia. Nonetheless, Yungao would be aware of the fact that accused Garcia borrowed the vehicles
requested because, for every such instance, a corresponding delivery receipt is issued, which is placed on top of his
table for him to place in the Company’s record files on the following working day. The numerous delivery receipts
would show and indicate the actual number of times accused Garcia had borrowed vehicles from the Company.
Finally, Yungao identified the affidavit which he executed in connection with the subject cases.
On crossexamination, Yungao testified that it was his duty to keep the permits relating to the road testing of the
motor vehicles assembled by the Company. These permits were secured by him from accused Garcia before the
vehicles were eventually put on display or presented to potential buyers. Although there was a Regulation Officer at
the LTO before whom the request for the issuance of a Conduct Permit is to be presented, Yungao was often told to
go straight up to the room of accused Garcia so that the latter could personally sign the said permit. It was only
when accused Garcia is absent or is not in office that the papers submitted to the LTO were attended to by his
assistant.
Yungao testified that accused Garcia would always make his request to borrow the Company’s motor vehicle
verbally and on a Friday. However, Yungao admitted that he was not very familiar with the signature of accused
Garcia, and that the latter’s signature did not appear in any of the delivery receipts.
During all these years, Yungao could only recall one (1) instance when accused Garcia failed to approve the
Company’s request, and this was a request for an extension of the usual "5day road test" period granted to the
Company. Nonetheless, the Company found the said disapproval to be acceptable and proper.
On questions propounded by the Court, Yungao testified that the names and signatures of the persons who actually
received the Company’s vehicles were reflected on the faces of the delivery receipts. However, Yungao does not
recognize the signatures appearing on the said delivery receipts, including those purportedly of accused Tagupa,
because Yungao was not present when the vehicles were taken.
The prosecution had intended to present another witness in the person of Ms. Ma. Lourdes V. Miranda (hereinafter,
"Miranda"), who was present at the time Yungao testified. Prior to her presentation, however, the parties agreed to
enter into stipulations and admissions. Thus, it was stipulated that Miranda was the mother of a child named Jane,
who was run over and killed in a vehicular accident; that the driver of the illfated motor vehicle was accused Nabo;
that Miranda, thereafter, successfully traced the said vehicle and eventually discovered the existence of numerous
delivery receipts in the files and possession of the Company; and that said discovery led to the institution of the
subject criminal cases against herein accused. As a result of such admissions and stipulations, the proposed
testimony of Miranda was, thereafter, dispensed with.
In 1993, accused Garcia was the Regional Director of the LTO in Cagayan de Oro City. He was the officer who
approves the needed Conduction Permit of newly assembled motor vehicles. He was also the LTO officer who
approves and signs the Company’s annual LTO Accreditation Certificate.
Chiong recounted that accused Garcia has a farm, and that he would need a vehicle to transport water thereto. For
this purpose, he would, on a weekly basis, borrow from the Company a motor vehicle, either by asking from Chiong
directly through telephone calls or through Yungao, her Liaison Officer. Everytime accused Garcia would borrow a
motor vehicle, the Company would issue a delivery receipt for such purpose, which has to be signed by the person
whom accused Garcia would send to pick up the motor vehicle. Chiong was usually the company officer who signed
the delivery receipt for the release of the borrowed motor vehicle to the representative of accused Garcia. When she
was not in office, she would authorize her personnel to place [their] initials on top of her name. On several
occasions, Chiong had seen accused Nabo affixing his signature on the delivery receipt before taking out the
borrowed motor vehicles. Chiong was very sure that the driver who picked up the motor vehicle from the Company
was the personnel of accused Garcia because the latter would always call her up first before sending his
representative to get a vehicle. Chiong was likewise very familiar with the voice of accused Garcia because she had
been dealing with him for a long period of time already, and all the while she had always maintained a cordial
relationship with him.
On questions propounded by the Court, Chiong testified that accused Garcia would ask his driver to get a vehicle on
a Saturday at around 6:30 o’clock in the morning. He would return it in the late afternoon of the same day. There
was only one instance when accused Garcia returned the motor vehicle on the day after, and this was the time when
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the said vehicle had figured in a vehicular accident which resulted in the death of a certain Jane, the daughter of
Miranda. Chiong was not the complainant in the said vehicular accident case because she could not afford to offend
or antagonize accused Garcia, and she had always considered the lending of motor vehicles to accused Garcia as a
public relation thing.
Chiong clarified that the subject motor vehicles occasionally borrowed by accused Garcia were all company service
cars and not newly assembled vehicles. Finally, she testified that she gets irritated whenever accused Garcia would
ask for a vehicle at a time when she herself would also need it. However, under the circumstances, she had to give
in to his request.11
For the defense, petitioner took the witness stand, while accused Tagupa did not present any evidence.
Petitioner testified that he was the Regional Director of the 10th Regional Office of the LTO from August, 1987 to
December, 1994. He downright denied borrowing any motor vehicle from the Company arguing that his signatures
never appeared in the Delivery Receipts12 submitted by the prosecution.13 He admitted, though, that the Company
has been continually transacting business with his office properly and officially, and has not, even for a single
instance, violated any rules with respect to assembly of motor vehicles, and that there was no reason for the owners
of the Company to harbor any illfeelings against him.14 He further admitted that he had known Atty. Aurora Chiong,
VicePresident and General Manager of the Company, even before he became Regional Director when he was still
the Chief of the Operations Division.15 He added that employees of the LTO are used to borrowing vehicles from
their friends and that this practice has been going on prior to his being Regional Director. He claimed he repeatedly
warned his subordinates about the illegality of the same but they merely turned a deaf ear.16 Lastly, he said his
driver, accused Nabo, had, on several occasions, driven motor vehicles and visited him at his farm, and that he rode
with him in going home without allegedly knowing that the vehicles driven by Nabo were merely borrowed from his
(Nabo) friends.17
On 6 May 2002, the Sandiganbayan promulgated the assailed decision convicting petitioner of fiftysix counts of
violation of Section 3(b) of Republic Act No. 3019, as amended. Accused Tagupa was acquitted, while the cases
against accused Nabo, who remained at large, were archived. The decretal portion of the decision reads:
WHEREFORE, judgment is hereby rendered finding accused TIMOTEO A GARCIA GUILTY beyond reasonable
doubt of fiftysix (56) counts of violation of Section 3(b) of Republic Act No. 3019, otherwise known as The AntiGraft
and Corrupt Practices Act. Accordingly, said accused is hereby sentenced to: (i) in each case, suffer an
indeterminate sentence of imprisonment for a period of six (6) years and one (1) month, as minimum, to twelve (12)
years and one (1) month, as maximum; (ii) suffer all accessory penalties consequent thereto; and (iii) pay the costs.
With respect to accused NERY TAGUPA, by reason of the total lack of any evidence against him, he is hereby
ACQUITED.
As for accused Gilbert G. Nabo, considering that he remained at large and jurisdiction over his person had yet to be
acquired, let the case as against him be achieved.18
Petitioner is now before us assigning as errors the following:
1. THE SANDIGANBAYAN ERRED IN HOLDING THAT ALL THE ELEMENTS OF SECTION 3(B) OF
REPUBLIC ACT NO. 3019 WERE PRESENT IN CRIM. CASES NOS. 24042 TO 24098 (EXCEPT 24078)
AND IN FINDING THE HEREIN PETITIONER GUILTY OF FIFTY SIX (56) COUNTS OF VIOLATION
THEREOF;
2. THE SANDIGANBAYAN ERRED IN FINDING THE HEREIN PETITIONER GUILTY BEYOND
REASONABLE DOUBT OF FIFTY SIX (56) COUNTS OF VIOLATION OF SECTION 3(B) OF REPUBLIC
ACT NO. 3019 ON THE BASIS OF FATALLY DEFECTIVE INFORMATIONS WHEREIN THE FACTS
CHARGED NEVER CONSTITUTED AN OFFENSE;
3. THE SANDIGANBAYAN ERRED IN FINDING THE HEREIN PETITIONER GUILTY BEYOND
REASONABLE DOUBT OF FIFTY SIX (56) COUNTS OF VIOLATION OF SECTION 3(B) OF REPUBLIC
ACT NO. 3019 ON THE BASIS OF EVIDENCE WHICH IS INSUFFICIENT TO CONVICT (EVEN FOR A
SINGLE COUNT);
4. THE SANDIGANBAYAN ERRED AND IN THE PROCESS VIOLATED THE CONSTITUTIONAL AND
LEGAL RIGHTS OF THE HEREIN PETITIONER WHEN IT SUPPLIED THE DEFICIENCIES IN THE
EVIDENCE OF THE PROSECUTION WITH ASSUMPTIONS WHICH WERE NOT AT ALL SUPPORTED BY
THE EVIDENCE ON RECORD;
5. THE SANDIGANBAYAN ERRED WHEN IT OBSERVED DIFFERENT STANDARDS OF JUSTICE BY
ACQUITTING THE PETITIONER’S COACCUSED TAGUPA AND CONVICTING THE HEREIN PETITIONER
WHEN THE SAME REASONING SHOULD HAVE LED ALSO TO THE ACQUITTAL OF THE PETITIONER.
In any criminal prosecution, it is necessary that every essential ingredient of the crime charged must be proved
beyond reasonable doubt in order to overcome the constitutional right of the accused to be presumed innocent.19 To
be convicted of violation of Section 3(b)20 of Republic Act No. 3019, as amended, the prosecution has the burden of
proving the following elements: (1) the offender is a public officer; (2) who requested or received a gift, a present, a
share a percentage, or a benefit (3) on behalf of the offender or any other person; (4) in connection with a contract
or transaction with the government; (5) in which the public officer, in an official capacity under the law, has the right
to intervene.21
Petitioner maintains that not all the elements of Section 3(b) have been established by the prosecution. Petitioner
focuses primarily on the fourth element. He argues that the prosecution failed to show the specific transactions of
the Company with the LTO of Cagayan de Oro that petitioner approved and/or intervened in so that he could borrow
from, or be lent by, the Company a vehicle. Inasmuch as he was convicted by the Sandiganbayan of fiftysix counts
of violation of Section 3(b) for allegedly borrowing the Company’s vehicle fiftysix times, the Sandiganbayan, he
stresses, should have at least pointed out what these transactions were. This, petitioner claims, the Sandiganbayan
failed to show with certainty in its decision. Petitioner adds that the prosecution did not even attempt to introduce
evidence to show what contract or transaction was pending before the LTO over which petitioner had the right to
intervene being the Regional Director when, at the period stated in all the fiftysix informations, he borrowed a
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vehicle.
clear from Section 3(b) that the requesting or receiving of any gift, present, share, percentage, or benefit must be in
connection with "a contract or transaction"22 wherein the public officer in his official capacity has to intervene under
the law. In the case at bar, the prosecution did not specify what transactions the Company had with the LTO that
petitioner intervened in when he allegedly borrowed the vehicles from the Company. It is insufficient that petitioner
admitted that the Company has continually transacted with his office. What is required is that the transaction
involved should at least be described with particularity and proven. To establish the existence of the fourth element,
the relation of the fact of requesting and/or receiving, and that of the transaction involved must be clearly shown.
This, the prosecution failed to do. The prosecution’s allegation that the Company regularly transacts with petitioner’s
LTO Office for the registration of its motor vehicles, in the reporting of its engine and chassis numbers, as well as the
submission of its vehicle dealer’s report, and other similar transactions, will not suffice. This general statement failed
to show the link between the 56 alleged borrowings with their corresponding transactions.
Failing to prove one of the other elements of the crime charged, we find no need to discuss the presence or
absence of the elements.
The next question to be resolved is: Can petitioner be convicted of any other crime (i.e., Direct Bribery or Indirect
Bribery) charged in the informations?
The crime of direct bribery as defined in Article 210 23 of the Revised Penal Code consists of the following elements:
(1) that the accused is a public officer; (2) that he received directly or through another some gift or present, offer or
promise; (3) that such gift, present or promise has been given in consideration of his commission of some crime, or
any act not constituting a crime, or to refrain from doing something which it is his official duty to do; and (4) that the
crime or act relates to the exercise of his functions as a public officer.24 Thus, the acts constituting direct bribery are:
(1) by agreeing to perform, or by performing, in consideration of any offer, promise, gift or present an act constituting
a crime, in connection with the performance of his official duties; (2) by accepting a gift in consideration of the
execution of an act which does not constitute a crime, in connection with the performance of his official duty; or (3)
by agreeing to refrain, or by refraining, from doing something which is his official duty to do, in consideration of any
gift or promise.25
In the case under consideration, there is utter lack of evidence adduced by the prosecution showing that petitioner
committed any of the three acts constituting direct bribery. The two prosecution witnesses did not mention anything
about petitioner asking for something in exchange for his performance of, or abstaining to perform, an act in
connection with his official duty. In fact, Atty. Aurora Chiong, VicePresident and General Manager of the Company,
testified that the Company complied with all the requirements of the LTO without asking for any intervention from
petitioner or from anybody else from said office.26 From the evidence on record, petitioner cannot likewise be
convicted of Direct Bribery.
Can petitioner be found guilty of Indirect Bribery?
Indirect bribery is committed by a public officer who shall accept gifts offered to him by reason of his office. The
essential ingredient of indirect bribery as defined in Article 211 27 of the Revised Penal Code is that the public officer
concerned must have accepted the gift or material consideration. In the case at bar, was the prosecution able to
show that petitioner indeed accepted a gift from the Company? The alleged borrowing of a vehicle by petitioner from
the Company can be considered as the gift in contemplation of the law. To prove that petitioner borrowed a vehicle
from the Company for 56 times, the prosecution adduced in evidence 56 delivery receipts28 allegedly signed by
petitioner’s representative whom the latter would send to pick up the vehicle.
The prosecution was not able to show with moral certainty that petitioner truly borrowed and received the vehicles
subject matter of the 56 informations. The prosecution claims that petitioner received the vehicles via his
representatives to whom the vehicles were released. The prosecution relies heavily on the delivery receipts. We,
however, find that the delivery receipts do not sufficiently prove that petitioner received the vehicles considering that
his signatures do not appear therein. In addition, the prosecution failed to establish that it was petitioner’s
representatives who picked up the vehicles. The acquittal of one of the accused (Nery Tagupa) who allegedly
received the vehicles from the Company further strengthens this argument. If the identity of the person who
allegedly picked up the vehicle on behalf of the petitioner is uncertain, there can also be no certainty that it was
petitioner who received the vehicles in the end.
Factual findings of the Sandiganbayan are conclusive upon this Court except where: (1) the conclusion is a finding
grounded entirely on speculation, surmise and conjectures; (2) the inference made is manifestly an error or founded
on a mistake; (3) there is grave abuse of discretion; (4) the judgment is based on misapprehension of facts; and (5)
the findings of fact are premised on a want of evidence and are contradicted by evidence on record.29 In the case
before us, we are constrained to apply the exception rather than the rule. We find that the ruling of the
Sandiganbayan that petitioners actually received the vehicles through his representatives is grounded entirely on
speculation, surmise, and conjectures, and not supported by evidence on record. The certainty of petitioner’s receipt
of the vehicle for his alleged personal use was not substantiated.
WHEREFORE, all the above considered, the petition is GRANTED. The Decision of the Sandiganbayan in Criminal
Cases Nos. 24042 to 24077 and 24079 to 24098 is REVERSED and SET ASIDE. For insufficiency of evidence, the
petitioner is hereby ACQUITTED of the crime charged in the informations. No costs.
SO ORDERED.
MINITA V. CHICONAZARIO
Associate Justice
WE CONCUR:
ARTEMIO V. PANGANIBAN
Chief Justice
Chairperson
CONSUELO YNARESSANTIAGO MA. ALICIA AUSTRIAMARTINEZ
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Associate Justice Associate Justice
ROMEO J. CALLEJO, SR.
Associate Justice
C E R T I F I C A T I O N
Pursuant to Article VIII, Section 13 of the Constitution, it is hereby certified that the conclusions in the above
Decision were reached in consultation before the case was assigned to the writer of the opinion of the Court’s
Division.
ARTEMIO V. PANGANIBAN
Chief Justice
Footnotes
1 Penned by Associate Justice Gregory S. Ong with Presiding Justice Francis E. Garchitorena and Associate
Justice Catalino R. Castañeda, Jr. concurring. Records, Vol. 1, pp. 419442.
2 Id. at 494496.
3 Rollo, pp. 8485.
4 Id. at 3843.
5 Records, p. 42.
6 Id. at 43.
7 Id. at 70.
8 Id. at 103.
9 Id. at 119. Arraignment in Crim. Case No. 24046 was on 15 October 1998 (Record, p. 149). Per agreement
of the parties, the agreement in all the other cases, except in Crim. Case N. 24078, were adopted and
deemed reproduced in Crim. Case No. 24046, thus obviating the pretrial in the latter case. Records, p. 153.
10 Id. at 142146.
11 Rollo, pp. 4449.
12 Exhibits "A" to "DDD."
13 TSN, 18 March 1999, pp. 1820, 22.
14 TSN, 18 March 1999, pp. 5556.
15 TSN, 18 March 1999, pp. 3133.
16 TSN, 18 March 1999, pp. 4651.
17 TSN, 18 March 1999, p. 44.
18 Rollo, p. 59.
19 People v. De Castro, G.R. Nos. 14805661, 8 October 2003.
20 SEC. 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:
x x x x
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any contract or transaction between the Government
and any other party, wherein the public officer in his official capacity has to intervene under the law.
21 Peligrino v. People, 415 Phil. 94, 117 (2001).
22 A transaction, like a contract, is one which involves some consideration as in credit transactions. Soriano,
Jr. v. Sandiganbayan, G.R. No. L65952, 31 July 1984, 131 SCRA 134.
23 Art. 210. Direct bribery. — Any public officer who shall agree to perform an act constituting a crime, in
connection with the performance of his official duties, in consideration of any offer, promise, gift or present
received by such officer, personally or through, the mediation of another, shall suffer the penalty of prision
mayor in its medium and minimum periods and a fine not less than three times the value of the gift, in addition
to the penalty corresponding to the crime agreed upon, if the same shall have been committed.
If the gift was accepted by the officer in consideration of the execution of an act which does not
constitute a crime, and the officer executed said act, he shall suffer the same penalty provided in the
preceding paragraph; and if said act shall not have been accomplished, the officer shall suffer the
penalties of prision correctional, in its medium period and a fine of not less than twice the value of such
gift.
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If the object for which the gift was received or promised was to make the public officer refrain from
doing something which it was his official duty to do, he shall suffer the penalties of prision correctional
in its maximum period to prision mayor in its minimum period and a fine not less than three times the
value of such gift.
In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of
special temporary disqualification.
The provisions contained in the preceding paragraphs shall be made applicable to assessors,
arbitrators, appraisal and claim commissioners, experts or any other persons performing public duties.
(As amended by B.P. Blg. 871, May 29, 1985.)
24 Marifosque v. People, G.R. No. 156685, 27 July 2004, 435 SCRA 332, 340.
25 Luis B. Reyes, The Revised Penal Code, Book 2, (15th ed., 2001) p. 210.
26 TSN, 8 December 1998, p. 15.
27 Art. 211. Indirect bribery. — The penalties of prion correctional in its medium and maximum periods,
suspension and public censure shall be imposed upon any public officer who shall accept gifts offered to him
by reason of his office. (As amended by B.P. Blg. 871, approved May 29, 1985).
28 Exhibits "A" to "DDD."
29 Soriquez v. Sandiganbayan, G.R. No. 153526, 25 October 2005, 474 SCRA 222, 231.
The Lawphil Project Arellano Law Foundation
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