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[G.R. No. 115221.April 1, 2002]

FROILAN vs. SANDIGANBAYAN

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated 01 APR 2002.

G.R. No. 115221 (Julius Froilan vs. Sandiganbayan.)

Sergio Salubre, one of the co-accused of Julius Froilan in Criminal Case No. 12881 before the Sandiganbayan, wrote to this Court on April 2, 2001 praying that our Decision in this case acquitting Froilan be made to extend to him and the other accused, Rutillo Real and Victorio Pabe.

Pursuant to our resolution, the Office of the Solicitor General filed its Comment on behalf of respondent Sandiganbayan, arguing that the acquittal of Froilan cannot apply to the three other accused. Froilan was acquitted on the ground that no actual injury was caused to the government as a result of the transaction. He gave a guarantee and in fact refunded to the government the amount of overprice in the purchase of chemical supplies.

We agree with the Solicitor General. Sergio Salubre, Rutillo Real and Victorio Pabe were members of the Committee on Award which awarded the contract to supply the chemicals to JDS Traders, whom they knew to be disqualified from transacting with the government for lack of license and incapable of filling the purchase orders of the government as it did not carry the required stocks. Therefore, the intent to enter into a contract which was manifestly and grossly disadvantageous to the government existed on the part of the said three accused.

Notably, the petition for review filed by Salubre, Real and Pabe with this Court, docketed as G.R. No. 115977, was denied. Their motion for reconsideration and second motion for reconsideration were likewise denied. The judgment has been entered in the Book of Entries of Judgments on November 14, 1994. There is no compelling reason to disturb our decision and set aside the entry of judgment therein.

ACCORDINGLY , the letter dated April 2, 2001, praying that the Decision in this case be made to apply to Sergio Salubre, Rutillo Real and Victorio Pabe, is DENIED for lack of merit.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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