GR No 186421

Roberto Fuentes vs People of the Philippines

GR No 186421         April 17, 2001

Facts:

         Fuentes was charged to have committed an act in violation of Article 3 (e) of RA No 3019, otherwise Anti-Graft and Corrupt Practices Act. It was alleged that Fuentes, a high ranking public official being the Municipal Mayor of Isabel, Pampanga, in such capacity and committing the offense in relation to his office, caused undue injury to Fe Valenzuela by refusing to unreasonable length of time to renew the latter’s business permit to engage in Ship Chandling Services in the Port of Isabel without any legal basis. However, Fuentes contended that there were reports made that transaction in the said port involved illegal ones and thus the business permit of Valenzuela was not renewed in order to prevent a greater damage to the municipality as a result of such illegal transactions.

         Sandiganbayan found that Fuentes had established all the elements of violation of Section 3 (e) of RA 3019 considering that: a) Fuentes was a public official at the time relevant to the case; b) he singled out Valenzuela’s particular business despite the fact that the rumors relative to the illegal smuggling and drug trading covered all ship chandlers operating in said port; c) he still refused to renew said business permit even though she already had clearances from other offices such as LGU and PNP, exculpating her from any illegal activities; and d) as a result of Fuente’s acts, Valenzuela was unable to operate her ship chandling business thus causing her undue injury.

       Fuentes then moved for reconsideration which Sandiganbayan denied. Hence, this petition before the SC.

Issue:

        WON Sandiganbayan correctly convicted Fuentes of the crime charged.

Held:

        The petition is without merit.

        The elements of violation of Section 3 (e) of RA No 3019 are as follows: a) accused must be a public official discharging administrative, judicial, or official functions; 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 giving any private party unwarranted benefits, advantage, or preference in the discharge of his functions.

      After a judicious review of the case, the Court is convinced that the Sandiganbayan correctly convicted Fuentes of the crime charged.

         First element, it is undisputed that Fuentes was a public officer, being the Municipal Mayor of Isabel, Leyte at the time he committed the acts complained of. As to the second element, law provides three modes of commission of the crime: a) manifest partiality; b) evident bad faith; and c) gross negligence. Here, Fuentes’ acts were not only committed with manifest partiality, but also with bad faith. Thirdly, Fuentes’ acts of refusing to issue a Business Permit in Valenzuela’s favor, coupled with his issuance of the unnumbered Memorandum which effectively barred the said business from engaging in its ship chandling operations without such Business Permit, caused some sort of undue injury on the part of Valenzuela.