GR 165927; (April, 2009) (Digest)
G.R. No. 165927 ; April 24, 2009
ERNESTO Z. GIDUQUIO, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.
FACTS
Petitioner Ernesto Z. Giduquio, Vice-President of the National Power Corporation (NPC)-Visayas, was charged with violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act). The Information alleged seven distinct acts committed through manifest partiality and evident bad faith in relation to pakiao contracts for the construction of power plants on the islands of Olango, Guintarcan, and Doong. After a Commission on Audit (COA) fact-finding inquiry and a subsequent NPC task force inspection revealed irregularities, the Sandiganbayan, upon a demurrer to evidence, acquitted petitioner of four acts but found sufficient evidence on three: (4) inflating the cost estimate, (5) awarding the contract without public bidding, and (6) causing payment despite deficiencies. After trial, the Sandiganbayan found petitioner guilty of acts (5) and (7) (awarding without bidding and causing payment despite deficiencies), but not guilty of act (4) (inflating costs). He was sentenced to imprisonment and perpetual disqualification from public office.
ISSUE
Whether the Sandiganbayan erred in finding petitioner guilty beyond reasonable doubt of violating Section 3(e) of R.A. No. 3019 for awarding contracts without public bidding and causing payment despite deficiencies in the construction works.
RULING
The Supreme Court REVERSED the Sandiganbayan decision and ACQUITTED petitioner. The Court found that the prosecution failed to prove the elements of manifest partiality or evident bad faith beyond reasonable doubt. Regarding the absence of public bidding, evidence showed it was dispensed with due to the urgency of the matter and absence of competition, as explained by petitioner’s superior, Thomas Agtarap. Regarding the payment despite deficiencies, the Court found petitioner’s actions justified as the projects were 99% complete, delays were due to NPC’s late delivery of materials, the contractors signed a Letter of Guarantee to complete the work, and a follow-up inspection showed the deficiencies had been corrected. The Court held that bad faith or partiality was not evident, and in their absence, petitioner cannot be convicted. The prosecution’s evidence did not establish guilt beyond reasonable doubt.