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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
October-2003 Jurisprudence                 

  • A.M. No. P-02-1548 October 1, 2003 - ROBERT E. VILLAROS v. RODOLFO ORPIANO

  • A.M. Nos. P-03-1697 & P-03-1699 October 1, 2003 - JOCELYN S. PAISTE v. APRONIANO V. MAMENTA

  • G.R. Nos. 133066-67 October 1, 2003 - PEOPLE OF THE PHIL. v. ROMEO H. LAMBID

  • G.R. No. 137554 October 1, 2003 - PEOPLE OF THE PHIL. v. JOHN MAMARION, ET AL.

  • G.R. No. 148198 October 1, 2003 - PEOPLE OF THE PHIL. v. ELIZABETH CORPUZ

  • G.R. Nos. 150630-31 October 1, 2003 - PEOPLE OF THE PHIL. v. JAIME OLAYBAR

  • G.R. No. 152176 October 1, 2003 - PEOPLE OF THE PHIL. v. ROGER D. DELA CRUZ

  • G.R. No. 154130 October 1, 2003 - BENITO ASTORGA v. PEOPLE OF THE PHIL.

  • G.R. No. 156034 October 1, 2003 - DELSAN TRANSPORT LINES, INC. v. C & A CONSTRUCTION, INC.

  • A.M. No. RTJ-03-1803 October 2, 2003 - VICTOR A. ASLARONA v. ANTONIO T. ECHAVEZ

  • G.R. No. 128882 October 2, 2003 - PEOPLE OF THE PHIL. v. JOEL AYUDA

  • G.R. No. 145337 October 2, 2003 - PEOPLE OF THE PHIL. v. LEE HOI MING

  • G.R. No. 150382 October 2, 2003 - PEOPLE OF THE PHIL. v. EDDIE BASITE

  • A.C. No. 6061 October 3, 2003 - RAUL C. SANCHEZ v. SALUSTINO SOMOSO

  • A.M. MTJ-00-1311 October 3, 2003 - SILVESTRE H. BELLO III v. AUGUSTUS C. DIAZ, ET AL.

  • A.M. No. P-02-1547 October 3, 2003 - LEOPOLDO V. CAÑETE v. NELSON MANLOSA

  • A.M. No. P-02-1550 October 3, 2003 - AMELIA L. AVELLANOSA v. JOSE Z. CAMASO

  • G.R. No. 118375 October 3, 2003 - CELESTINA T. NAGUIAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 122134 October 3, 2003 - ROMANA LOCQUIAO VALENCIA, ET AL. v. BENITO A. LOCQUIAO, ET AL.

  • G.R. No. 143388 October 6, 2003 - SPS. ROLANDO and ROSITA CRUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 146569 October 6, 2003 - PEOPLE OF THE PHIL. v. JOHN NEQUIA

  • A.M. Nos. P-03-1744–45 October 7, 2003 - FE ALBANO MADRID v. ANTONIO T. QUEBRAL

  • G.R. No. 135377 October 7, 2003 - DSR-SENATOR LINES, ET AL. v. FEDERAL PHOENIX ASSURANCE CO., INC.

  • G.R. No. 149453 October 7, 2003 - PEOPLE OF THE PHIL., ET AL. v. PANFILO M. LACSON

  • G.R. No. 149717 October 7, 2003 - EASTERN ASSURANCE & SURETY CORP. v. LTFRB

  • G.R. No. 155258 October 7, 2003 - CONRADO S. CANO v. PEOPLE OF THE PHIL.

  • A.C. No. 4881 October 8, 2003 - RAU SHENG MAO v. ANGELES A. VELASCO

  • G.R. No. 120864 October 8, 2003 - MANUEL T. DE GUIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 136845 October 8, 2003 - PEOPLE OF THE PHIL. v. GUILLERMO FLORENDO

  • G.R. No. 145166 October 8, 2003 - PEOPLE OF THE PHIL. v. ALBERTO ROMERO, ET AL.

  • G.R. No. 146118 October 8, 2003 - SAMUEL SAMARCA v. ARC-MEN INDUSTRIES, INC.

  • G.R. Nos. 148056-61 October 8, 2003 - PEOPLE OF THE PHIL. v. JOSE DE CASTRO

  • G.R. No. 149420 October 8, 2003 - SONNY LO v. KJS ECO-FORMWORK SYSTEM PHIL., INC.

  • G.R. No. 152776 October 8, 2003 - HENRY S. OAMINAL v. PABLITO M. CASTILLO, ET AL.

  • G.R. No. 153751 October 8, 2003 - MID PASIG LAND DEVELOPMENT CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 154579 October 8, 2003 - MA. LOURDES R. DE GUZMAN v. PEOPLE OF THE PHIL.

  • A.M. No. P-96-1179 October 10, 2003 - WINSTON C. CASTELO v. CRISTOBAL C. FLORENDO

  • G.R. No. 110604 October 10, 2003 - BUENAVENTURA S. TENORIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140917 October 10, 2003 - MENELIETO A. OLANDA v. LEONARDO G. BUGAYONG, ET AL.

  • A.M. No. P-02-1640 October 13, 2003 - SAAD ANJUM v. CESAR L. ABACAHIN, ET AL.

  • G.R. No. 122765 October 13, 2003 - PEOPLE OF THE PHIL. v. EDGARDO L. VARGAS

  • G.R. No. 141942 October 13, 2003 - PEOPLE OF THE PHIL. v. JIMMY PONCE JAMON

  • G.R. No. 143842 October 13, 2003 - PEOPLE OF THE PHIL. v. MANGI L. ADAM

  • G.R. No. 144662 October 13, 2003 - SPS. EFREN AND DIGNA MASON, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-02-1459 October 14, 2003 - IMELDA Y. MADERADA v. ERNESTO H. MEDIODEA

  • A.M. No. P-03-1674 October 14, 2003 - PABLO B. FRANCISCO v. OLIVIA M. LAUREL

  • A.M. No. RTJ-03-1805 October 14, 2003 - TEODORA A. RUIZ v. ROLANDO G. HOW

  • G.R. No. 153157 October 14, 2003 - PHILIPPINE AIRLINES v. ARTHUR B. TONGSON

  • A.M. No. RTJ-02-1697 October 15, 2003 - EUGENIO K. CHAN v. JOSE S. MAJADUCON

  • A.M. No. RTJ-02-1699 October 15, 2003 - VERNETTE UMALI-PACO, ET AL. v. REINATO G. QUILALA, ET AL.

  • A.M. No. RTJ-03-1808 October 15, 2003 - RADELIA SY, ET AL. v. ANTONIO FINEZA

  • G.R. Nos. 123144, 123207 & 123536 October 15, 2003 - PABLO P. BURGOS, ET AL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126119 October 15, 2003 - PEOPLE OF THE PHIL v. GILDO B. PELOPERO PNP

  • G.R. No. 130662 October 15, 2003 - PEOPLE OF THE PHIL. v. SERGIO ABON

  • G.R. No. 138364 October 15, 2003 - PEOPLE OF THE PHIL. v. ROGELIO VILLANUEVA

  • G.R. No. 142381 October 15, 2003 - PHILIPPINE BLOOMING MILLS, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142595 October 15, 2003 - RACHEL C. CELESTIAL v. JESSE CACHOPERO

  • G.R. Nos. 148139-43 October 15, 2003 - PEOPLE OF THE PHIL. v. HERMENIO CANOY

  • G.R. No. 156273 October 15, 2003 - HEIRS OF TIMOTEO MORENO, ET AL. v. MACTAN-CEBU INT’L. AIRPORT AUTHORITY

  • A.M. No. SCC-00-6-P October 16, 2003 - RE: Ma. Corazon M. Molo

  • A.M. No. P-02-1592 October 16, 2003 - LUZITA ALPECHE v. EXPEDITO B. BATO

  • G.R. No. 141074 October 16, 2003 - PEOPLE OF THE PHIL. v. NORLY LIBRADO

  • G.R. No. 144881 October 16, 2003 - BETTY T. CHUA v. ABSOLUTE MNGT. CORP., ET AL.

  • G.R. Nos. 147650-52 October 16, 2003 - PEOPLE OF THE PHIL. v. RODOLFO S. PEPITO

  • G.R. No. 152492 October 16, 2003 - PALMA DEVELOPMENT CORP. v. MUN. OF MALANGAS

  • G.R. Nos. 153991-92 October 16, 2003 - ANWAR BERUA BALINDONG v. COMELEC, ET AL.

  • A.M. No. P-01-1475 October 17, 2003 - MANUEL R. AQUINO v. JOCELYN C. FERNANDEZ

  • G.R. No. 131399 October 17, 2003 - ANGELITA AMPARO GO v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. Nos. 133759-60 October 17, 2003 - PEOPLE OF THE PHIL. v. LEONITO LORENZO

  • G.R. Nos. 148673-75 October 17, 2003 - PEOPLE OF THE PHIL. v. FLORENCIO R. ABANILLA

  • G.R. No. 150286 October 17, 2003 - ELCEE FARMS, INC., ET AL. v. PAMPILO SEMILLANO, ET AL.

  • G.R. No. 142885 October 22, 2003 - PEOPLE OF THE PHIL. v. WILLIAM TIU, ET AL.

  • A.M. No. MTJ-01-1368 October 23, 2003 - JOSE GODOFREDO M. NAUI v. MARCIANO C. MAURICIO, SR.

  • G.R. No. 120409 October 23, 2003 - PEOPLE OF THE PHIL. v. WILLIAMSON PICKRELL, ET AL.

  • G.R. No. 120670 October 23, 2003 - PEOPLE OF THE PHIL. v. HEDISHI SUZUKI

  • G.R. No. 125689 October 23, 2003 - PEOPLE OF THE PHIL. v. ANTONIO SATIOQUIA

  • G.R. No. 127153 October 23, 2003 - PEOPLE OF THE PHIL. v. SATUR G. APOSAGA

  • G.R. No. 132788 October 23, 2003 - PEOPLE OF THE PHIL. v. ISAIAS FERNANDEZ, ET AL.

  • G.R. No. 134485 October 23, 2003 - PEOPLE OF THE PHIL. v. OSCAR PEREZ

  • G.R. Nos. 134573-75 October 23, 2003 - PEOPLE OF THE PHIL. v. VICENTE BINARAO, ET AL.

  • G.R. No. 136849 October 23, 2003 - PEOPLE OF THE PHIL. v. NESTOR A. CODERES

  • G.R. No. 138456 October 23, 2003 - PEOPLE OF THE PHIL. v. ROLANDO P. DEDUYO

  • G.R. No. 140247 October 23, 2003 - ALEX ASUNCION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143252 October 23, 2003 - CEBU MARINE BEACH RESORT, ET AL. v. NLRC, ET AL.

  • G.R. Nos. 146368-69 October 23, 2003 - MADELEINE MENDOZA-ONG v. SANDIGANBAYAN, ET AL.

  • G.R. No. 146608 October 23, 2003 - SPS. CONSTANTE & AZUCENA FIRME v. BUKAL ENTERPRISES AND DEV’T. CORP.

  • G.R. No. 147369 October 23, 2003 - SPS. PATRICK and RAFAELA JOSE v. SPS. HELEN and ROMEO BOYON

  • G.R. No. 147549 October 23, 2003 - JESUS DELA ROSA, ET AL. v. SANTIAGO CARLOS, ET AL.

  • G.R. No. 149149 October 23, 2003 - ERNESTO SYKI v. SALVADOR BEGASA

  • G.R. No. 149725 October 23, 2003 - OSCAR MAGNO v. PEOPLE OF THE PHIL.

  • G.R. Nos. 150493-95 October 23, 2003 - PEOPLE OF THE PHIL. v. CIRILO MACABATA

  • G.R. No. 150946 October 23, 2003 - MUNICIPAL BOARD OF CANVASSERS OF GLAN, ET AL. v. COMELEC, ET AL.

  • G.R. No. 152135 October 23, 2003 - PEOPLE OF THE PHIL. v. MARCOS GIALOLO, ET AL.

  • G.R. No. 152716 October 23, 2003 - ELNA MERCADO-FEHR v. BRUNO FEHR

  • G.R. Nos. 154796-97 October 23, 2003 - RAYMUNDO A. BAUTISTA v. COMELEC, ET AL.

  • G.R. No. 155692 October 23, 2003 - PHIVIDEC INDUSTRIAL AUTHORITY, ET AL. v. CAPITOL STEEL CORP., ET AL.

  • G.R. No. 155717 October 23, 2003 - ALBERTO JARAMILLA v. COMELEC, ET AL.

  • A.M. No. RTJ-00-1586 October 24, 2003 - THELMA C. BALDADO v. ARNULFO O. BUGTAS

  • G.R. No. 119775 October 24, 2003 - JOHN HAY PEOPLES ALTERNATIVE COALITION, ET AL. v. VICTOR LIM, ET AL.

  • G.R. No. 119847 October 24, 2003 - JENNY ZACARIAS v. NATIONAL POLICE COMMISSION, ET AL.

  • G.R. No. 137597 October 24, 2003 - PEOPLE OF THE PHIL. v. JASON S. NAVARRO, ET AL.

  • G.R. No. 141615 October 24, 2003 - MAC ADAMS METAL ENGINEERING WORKERS UNION-INDEPENDENT, ET AL. v. MAC ADAMS METAL ENGINEERING, ET AL.

  • G.R. No. 144439 October 24, 2003 - SOUTHEAST ASIA SHIPPING CORP. v. SEAGULL MARITIME CORP., ET AL.

  • G.R. No. 148120 October 24, 2003 - RODRIGO QUIRAO, ET AL. v. LYDIA QUIRAO, ET AL.

  • G.R. No. 148597 October 24, 2003 - GRACE F. MUNSAYAC-DE VILLA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 152285 October 24, 2003 - PEOPLE OF THE PHIL. v. JOSE OBESO

  • G.R. Nos. 152589 and 152758 October 24, 2003 - PEOPLE OF THE PHIL. v. ANTONIO MENDOZA

  • G.R. No. 153828 October 24, 2003 - LINCOLN L. YAO v. NORMA C. PERELLO, ET AL.

  • G.R. No. 139181 October 27, 2003 - PEOPLE OF THE PHIL. v. JIMMY AQUINO

  • G.R. No. 143817 October 27, 2003 - PEOPLE OF THE PHIL. v. ALEJANDRO BAJAR

  • A.C. No. 5829 October 28, 2003 - DANIEL LEMOINE v. AMADEO E. BALON, JR.

  • A.M. No. P-02-1581 October 28, 2003 - MA. CORAZON M. ANDAL v. NICOLAS A. TONGA

  • G.R. No. 134563 October 28, 2003 - PEOPLE OF THE PHIL. v. FRANCISCO DALA

  • G.R. No. 138933 October 28, 2003 - PEOPLE OF THE PHIL. v. JERRYVIE D. GUMAYAO

  • G.R. No. 150540 October 28, 2003 - DIMALUB P. NAMIL, ET AL. v. COMELEC, ET AL

  • G.R. No. 155206 October 28, 2003 - GSIS v. EDUARDO M. SANTIAGO

  •  





     
     

    G.R. Nos. 146368-69   October 23, 2003 - MADELEINE MENDOZA-ONG v. SANDIGANBAYAN, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. Nos. 146368-69. October 23, 2003.]

    MADELEINE MENDOZA-ONG, Petitioner, v. HON. SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES, Respondents.

    R E S O L U T I O N


    QUISUMBING, J.:


    This special civil action for certiorari assails Sandiganbayan Resolution 1 dated May 8, 2000, denying petitioner’s Motion to Quash 2 the Information in Criminal Case No. 23848, for violation of Section 3(c) of R.A. No. 3019, 3 as amended. Petitioner also impugns said court’s Resolution 4 dated November 9, 2000, denying her Motion for Reconsideration.chanrob1es virtua1 1aw 1ibrary

    The facts of the case, as culled from the records, are as follows:chanrob1es virtual 1aw library

    Sometime in February 1993, the Sangguniang Bayan of Laoang, Northern Samar, passed Resolution No. 93-132, 5 authorizing the municipality to borrow heavy equipment from the Philippine Army’s 53rd Engineering Battalion, to be utilized in the improvement of Laoang’s Bus Terminal. Resolution No. 93-132 likewise mandated the municipal government to shoulder the expenses for fuel, oil, and the subsistence allowances of the heavy equipment operators for the duration of the project.

    Allegedly, however, the borrowed Army equipment was diverted by the petitioner, who was then the town mayor 6 of Laoang, to develop some of her private properties in Rawis, Laoang, Northern Samar. A concerned citizen and ex-member of the Sangguniang Bayan of Laoang, Juanito G. Poso, Sr., filed a complaint against petitioner and nine (9) other municipal officers 7 with the Office of the Ombudsman (OMB), Visayas, for violation of the Anti-Graft and Corrupt Practices Act.

    Acting on the complaint, Graft Investigation Officer Alfonso S. Sarmiento of the OMB ordered herein petitioner and her co-accused to submit their respective counter-affidavits and other controverting evidence. Thereafter, in a Resolution 8 dated August 16, 1995, investigator Sarmiento recommended the filing of the appropriate criminal action against petitioner for violation of Sections 3(c) and (e) of R.A. 3019, as amended. 9 Despite strenuous opposition and objections by the defense, on August 1, 1997, two informations were filed against her at the Sandiganbayan docketed as Criminal Cases Nos. 23847 and 23848, to wit:chanrob1es virtual 1aw library

    (1) Criminal Case No. 23847

    That on or about 15 February 1993, or sometime thereafter, in the Municipality of Laoang, Northern Samar, Philippines, and within the jurisdiction of this Honorable Court, Accused Madeleine Mendoza-Ong, a public officer, being then the Municipal Mayor of Laoang, committing the crime herein charged in relation to, while in the performance and taking advantage of her official functions, did then and there willfully, unlawfully and criminally, through manifest partiality and evident bad faith, cause undue injury to the Government and give unwarranted benefits, advantage or preference to herself and spouses Mr. and Mrs. Chupo Lao when she, in the discharge of her official or administrative functions, caused the improvement or development of her private land in Barangay Rawis through the use of the equipment and resources of the Philippine Army, to the damage and prejudice of the Government.chanrob1es virtua1 1aw 1ibrary

    CONTRARY TO LAW. 10

    This, however, was amended on October 27, 1998, so that Criminal Case No. 23847 would read as follows:chanrob1es virtual 1aw library

    That on or about 15 February 1993, or sometime thereafter, in the Municipality of Laoang, Northern Samar, Philippines, and within the jurisdiction of this Honorable Court, Accused Madeleine Mendoza-Ong, a public officer, being then the Municipal Mayor of Laoang, committing the crime herein charged in relation to, while in the performance and taking advantage of her official functions, did then and there willfully, unlawfully and criminally, through manifest partiality and evident bad faith, cause undue injury to the Government and give unwarranted benefits, advantage or preference to her husband, Hector Ong, herself, and/or her family and to spouses Mr. and Mrs. Chupo Lao when she, in the discharge of her official or administrative functions, caused the improvement or development of a private land owned by her husband, Hector Ong, herself and/or her family in Barangay Rawis through the use of the equipment and resources of the Philippine Army, to the damage and prejudice of the Government.

    CONTRARY TO LAW. 11

    (2) Criminal Case No. 23848

    That on or about 15 February 1993, or sometime thereafter, in the Municipality of Laoang, Northern Samar, Philippines, and within the jurisdiction of this Honorable Court, Accused Madeleine Mendoza-Ong, a public officer, being then the Municipal Mayor of Laoang, committing the crime herein charged in relation to, while in the performance and taking advantage of her official functions, did then and there willfully, unlawfully and criminally, request or receive, directly or indirectly, a gift, present or other pecuniary or material benefit in the form of five (5) drums of diesel fuel, for herself or for another from the spouses Mr. and Mrs. Chupo Lao, persons for whom accused Mendoza-Ong, in any manner or capacity, has secured or obtained, or will secure or obtain, any Municipal Government permit or license anent the operation of the bus company, JB Lines, owned by the aforenamed spouses, in consideration for the help given or to be given by the accused.

    CONTRARY TO LAW. 12

    On September 15, 1999, petitioner filed a Motion to Quash with the Sandiganbayan alleging in the main that: (1) the informations especially in Criminal Case No. 23848, failed to allege facts constituting an offense; (2) that the officer who filed the information has no authority to do so; and (3) that the accused was deprived of her right to due process and to the speedy disposition of cases against her.chanrob1es virtua1 1aw 1ibrary

    On May 8, 2000, the Sandiganbayan denied petitioner’s Motion to Quash. Petitioner duly moved for reconsideration but this was likewise denied by the Sandiganbayan in its order dated November 9, 2000.

    Hence, the instant petition with assigned errors faulting respondent court as follows:chanrob1es virtual 1aw library

    I. RESPONDENT COURT ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OF JURISDICTION WHEN IT FAILED TO DISMISS THE INFORMATIONS FILED AGAINST PETITIONER WHICH CLEARLY DO NOT ALLEGE SUFFICIENT FACTS CONSTITUTING THE OFFENSE HENCE FAILING TO ALLEGE A PRIMA FACIE CASE AGAINST PETITIONER, ACCUSED THEREIN.

    II. RESPONDENT COURT ACTED WITH GRAVE ABUSE OF DISCRETION WHEN IT DENIED PETITIONER’S MOTION TO QUASH THE INFORMATIONS FILED BY AN OFFICER WHO HAS NO AUTHORITY TO DO SO AND DESPITE THE FACT THAT THE HEAD OF THE PROSECUTION DIVISION OF RESPONDENT COURT HAD RECOMMENDED THE DISMISSAL OF SAID CASES.

    III. RESPONDENT COURT ACTED WITH GRAVE ABUSE OF DISCRETION WHEN IT REFUSED TO DISMISS THE INFORMATIONS AGAINST ACCUSED WHO HAD BEEN DEPRIVED OF DUE PROCESS AND SPEEDY DETERMINATION OF THE CASE IN CLEAR DISREGARD OF THIS HONORABLE COURT’S RULINGS THAT INORDINATE DELAY IN THE CONDUCT OF PRELIMINARY INVESTIGATIONS WOULD WARRANT DISMISSAL OF THE CASE. 13

    Simply put, we find that the sole issue for resolution now is whether the Sandiganbayan gravely erred or gravely abused its discretion in denying the Motion to Quash filed by petitioner, particularly on the ground that the information in Criminal Case No. 23848 does not constitute an offense. The other assigned errors are, in our view, without sufficient merit and deserve no further consideration.

    Petitioner claims that in a criminal prosecution for violation of Section 3(c) of R.A. 3019 as amended, the law requires that the gift received should be "manifestly excessive" as defined by Section 2(c) of the same Act. She adds that it is imperative to specify the exact value of the five drums of diesel fuel allegedly received by Mayor Ong as public officer to determine whether such is "manifestly excessive" under the circumstances. 14

    The fundamental test of the viability of a motion to quash on the ground that the facts averred in the information do not amount to an offense is whether the facts alleged would establish the essential elements of the crime as defined by law. In this examination, matters aliunde are not considered. 15

    Petitioner is charged specifically with violation of Section 3(c) of Republic Act No. 3019, as amended. The pertinent portions of said law provide:chanrob1es virtual 1aw library

    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:chanrob1es virtua1 1aw 1ibrary

    x       x       x


    (c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act.

    x       x       x


    Based on the foregoing, the elements of the offense charged in the assailed information are as follows: (1) the offender is a public officer; (2) he has secured or obtained, or would secure or obtain, for a person any government permit or license; (3) he directly or indirectly requested or received from said person any gift, present or other pecuniary or material benefit for himself or for another; and (4) he requested or received the gift, present or other pecuniary or material benefit in consideration for help given or to be given. 16

    In the instant case, we find that the information in Crim. Case No. 23848 alleged that: (1) accused Madeleine Mendoza-Ong, a public officer, being then the Municipal Mayor of Laoang, (2) committed the crime charged in relation to, while in the performance and taking advantage of her official functions, (3) did request or receive directly or indirectly, a gift, present or other pecuniary or material benefit in the form of five drums of diesel fuel, for herself or for another, from spouses Mr. and Mrs. Chupo Lao, persons for whom accused Mendoza-Ong, (4) has secured or obtained, or will secure or obtain, a Municipal Government permit or license anent the operation of the bus company, JB Lines, owned by said spouses, in consideration for help given or to be given by the accused. After considering thoroughly this averment as formulated by the prosecution, we are not prepared to say that the impugned information omitted an element needed to adequately charge a violation of Section 3(c) of R.A. 3019.

    Petitioner pleads that the pertinent statute must be read in its entirety. She argues that a provision of R.A. 3019 such as Section 3(c) must be interpreted in light of all other provisions, particularly the definition of "receiving any gift," under Section 2(a) thereof, which reads as follows:chanrob1es virtual 1aw library

    SEC. 2. Definition of terms. — As used in this Act, the term —

    x       x       x


    (c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a person other than a member of the public officer’s immediate family, in behalf of himself or of any member of his family or relative within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is under the circumstances manifestly excessive.chanrob1es virtua1 1aw 1ibrary

    x       x       x


    Petitioner contends that pursuant to her reading of the above provision, the value of the alleged gift must be specified in the information. But note that Section 2(c) abovecited mentions a situation where (1) the value of the gift is manifestly excessive; (2) from a person who is not a member of the public officer’s immediate family; and (3) even on the occasion of a family celebration or national festivity.

    In contrast, Section 3 (c) earlier quoted in the present case applies regardless of whether the gift’s value is manifestly excessive or not, and regardless of the occasion. What is important here, in our view, is whether the gift is received in consideration for help given or to be given by the public officer. The value of the gift is not mentioned at all as an essential element of the offense charged under Section 3 (c), and there appears no need to require the prosecution to specify such value in order to comply with the requirements of showing a prima facie case.

    Evidently the legislature is aware that in implementing R.A. 3019, it will be precedents that will guide the court on the issue of what is or what is not manifestly excessive. 17

    In sum, we are constrained to rule that respondent court did not commit grave abuse of discretion amounting to lack or excess of jurisdiction, much less did it gravely err, in denying petitioner’s motion to quash the information filed against her in Criminal Case No. 23848. This ruling, however, is without prejudice to the actual merits of this criminal case as may be shown during trial before the court a quo.

    WHEREFORE, the petition is hereby DISMISSED. The assailed resolutions of the Sandiganbayan in Criminal Case No. 23848 are AFFIRMED. No pronouncement as to costs.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Bellosillo, Austria-Martinez, Callejo, Sr. and Tinga, JJ., concur.

    Endnotes:



    1. Rollo, pp. 30-35.

    2. Records, Vol. II, pp. 480-503.

    3. The Anti-Graft and Corrupt Practices Act.

    4. Rollo, pp. 36-37.

    5. Id. at 181-182.

    RESPECTFULLY REQUESTING LT. COL. EDUARDO J. LENA, CSC (CE) PA OF THE 53RD ENGINEERING BATTALION, PA, TO LEND ONE GRADER, PAY LOADER AND A DUMP TRUCK TO THE MUNICIPAL GOVERNMENT OF LAOANG, NORTHERN SAMAR TO BE USED FOR THE IMPROVEMENT OF THE BUS TERMINAL IN BARANGAY RAWIS, LAOANG, THIS PROVINCE.

    x       x       x


    RESOLVED, as it is hereby resolved, to respectfully request Lt. Col. Eduardo J. Lena — CSC (CE) PA of the 53rd Engineering Battalion, PA, to lend one grader, pay loader and a dump truck to the municipal government of Laoang, this province to be used for the improvement of the bus terminal area in Barangay Rawis, this municipality.

    FURTHER RESOLVED, that the municipal government shall likewise shoulder the expenses for fuel and oil and the subsistence of the heavy equipment operators while the improvement of said area is still in operation.

    6. Later, Governor of Northern Samar. See Records, Vol. II, p. 480.

    7. Vice Mayor Remus S. Dulay and Municipal Councilors Diosdado D. Ong, Democrito V. Aquino, Emilio T. Giray, Fred P. Deananeas, Francisco A. Tang, Jose B. Bautista, Eddie Cerbito, Concepcion E. Lipata.chanrob1es virtua1 1aw 1ibrary

    8. Rollo, pp. 40-44.

    9. Id. at 44.

    10. Records, Vol. I, p. 1.

    11. Records, Vol. I, p. 372.

    12. Records, Vol. II, p. 421.

    13. Rollo, pp. 8-9.

    14. Id. at 11-12. See also Memorandum for the Petitioner, p. 9.

    15. Domingo v. Sandiganbayan, G.R. No. 109376, 20 January 2000, 322 SCRA 655, 664.

    16. Tecson v. Sandiganbayan, G.R. No. 123045, 16 November 1999, 318 SCRA 80, 90.

    17. See Senate Proceedings in regard to R.A. 3019:chanrob1es virtual 1aw library

    It is impossible to lay down a hard and fast rule on what value or amount will be construed as manifestly excessive. Thus the judiciary will be guided by the precedents established in bribery cases on amounts that are considered of such insignificant and small value so that they may be considered as ordinary token of gratitude and friendship. 3 SENATE RECORD 248 (1960).

    What is excessive or manifestly excessive is relative. The circumstances of person and of social position have to be taken into account in determining whether the gift is actually excessive and also the fact of whether it might influence action one way or another on the part of a public official. There is no definite amount. 3 SENATE RECORD 258-259 (1960).chanrob1es virtua1 1aw 1ibrary

    G.R. Nos. 146368-69   October 23, 2003 - MADELEINE MENDOZA-ONG v. SANDIGANBAYAN, ET AL.


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