G.R. No. 160991 ; February 28, 2005
PACIFICO C. VELASCO, petitioner, vs. THE SANDIGANBAYAN (Fourth Division), and THE PEOPLE OF THE PHILIPPINES, respondents.

FACTS

Petitioner Pacifico C. Velasco, the Municipal Mayor of Bacarra, Ilocos Norte, was charged before the Sandiganbayan with violation of Section 3(e) of R.A. No. 3019 . The Information alleged that, despite full knowledge of a Civil Service Commission (CSC) Resolution dated September 21, 1999, ordering the dismissal of Municipal Engineer Emmanuel Agonoy for gross neglect of duty, Mayor Velasco allowed Agonoy to continue reporting for work and receiving salaries and benefits. The mayor issued memoranda to the Municipal Treasurer directing the payment of Agonoy’s salaries, RATA, and other benefits, asserting that payment should continue until the Supreme Court issued a final decision. Agonoy had filed a petition for review with the Court of Appeals, which was denied, and subsequently with the Supreme Court, which was also denied. Agonoy ultimately resigned on February 28, 2001.

ISSUE

Whether the Sandiganbayan committed grave abuse of discretion in denying petitioner’s Supplemental Motion to Quash the Information, which argued that the facts alleged did not constitute a violation of Section 3(e) of R.A. No. 3019 .

RULING

The Supreme Court ruled that the Sandiganbayan did not commit grave abuse of discretion. The legal logic is anchored on the elements of Section 3(e) of R.A. No. 3019 , which requires that the accused be a public officer, the act was done in the discharge of official functions through manifest partiality, evident bad faith, or gross inexcusable negligence, and that such act caused undue injury to the government or gave unwarranted benefits to a party. The Court found that the allegations in the Information sufficiently charged these elements. Mayor Velasco, as chief executive, had the ministerial duty to implement the final and executory CSC Resolution dismissing Agonoy. His conscious and deliberate act of issuing memoranda to continue Agonoy’s compensation, despite knowing the CSC’s dismissal order and the absence of any restraining order from the appellate courts, constituted gross inexcusable negligence. His failure to verify whether Agonoy had secured a stay order from the Court of Appeals before authorizing payments demonstrated a disregard for his duty. This resulted in unwarranted benefits to Agonoy and undue injury to the government in the amount of ₱375,168.00. The petition for certiorari was thus dismissed, affirming the Sandiganbayan’s resolutions.