G.R. No. 170339 & 170398-403; March 9, 2010
ROLANDO E. SISON, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.

FACTS

Petitioner Rolando E. Sison was the municipal mayor of Calintaan, Occidental Mindoro, a fourth-class municipality, from July 1, 1992 to June 30, 1995, while Rigoberto de Jesus was the municipal treasurer. A post-audit investigation by state auditor Elsa E. Pajayon revealed that during petitioner’s incumbency, no public bidding was conducted for the purchase of a Toyota Land Cruiser, 119 bags of Fortune cement, an electric generator set, certain construction materials, two Desert Dueler tires, and a computer and its accessories. Irregularities in the supporting documents were also found. Consequently, petitioner and de Jesus were indicted before the Sandiganbayan for seven counts of violation of Section 3(e) of Republic Act (RA) 3019 (The Anti-Graft and Corrupt Practices Act). Petitioner pleaded not guilty. During trial, petitioner admitted that no public bidding was conducted and that the purchases were made through personal canvass, justifying this by stating that all dealers were based in Manila, making public bidding useless. The Sandiganbayan found petitioner guilty on all counts, sentencing him to imprisonment and perpetual disqualification from public office.

ISSUE

Whether petitioner Rolando E. Sison is guilty beyond reasonable doubt of violating Section 3(e) of RA 3019 for procuring various supplies without public bidding and without complying with the legal requirements for personal canvass under RA 7160 (The Local Government Code of 1991).

RULING

Yes, the Supreme Court upheld the Sandiganbayan’s conviction. The Court found that petitioner violated the mandatory requirements for procurement through personal canvass under RA 7160. As an exception to competitive bidding, personal canvass requires, under Section 367, a committee of three (including the local treasurer, accountant, and the head of the office/department) to conduct a canvass of at least three suppliers, with the award decided by the Committee on Awards. For fourth-class municipalities like Calintaan, purchases under this method must not exceed Twenty Thousand Pesos (P20,000) in any one month. The Sandiganbayan found, and the Supreme Court affirmed, that the personal canvass for the Toyota Land Cruiser was effected solely by petitioner without the required committee participation, and the award lacked the necessary signatures. Petitioner also signed in a dual capacity as chairman and member of the Committee on Awards, which is prohibited under Section 364 when a regular member is the requisitioning party, requiring instead a special Sanggunian member. These same flaws attended all other purchases. Furthermore, the amounts spent exceeded the P20,000 monthly threshold.
These acts constituted the elements of violation of Section 3(e) of RA 3019: (1) petitioner was a public officer; (2) the acts were done in his official functions; (3) the acts were done through gross inexcusable negligence; and (4) they caused undue injury to the government and gave unwarranted benefits to suppliers. The Court explained that gross negligence is the want of even slight care, acting or omitting to act wilfully with conscious indifference to consequences. Petitioner’s admission that he pre-signed canvass forms and followed the illegal practice of his predecessors demonstrated a mindless disregard for the law. The requirements of RA 7160 are mandatory to ensure transparency and prevent irregular transactions. The appeal was dismissed.