GR 172602; (April, 2009) (Digest)
G.R. No. 172602 , April 16, 2009
HENRY T. GO, Petitioner, vs. THE FIFTH DIVISION, SANDIGANBAYAN and THE OFFICE OF THE SPECIAL PROSECUTOR, OFFICE OF THE OMBUDSMAN, Respondents.
FACTS
Petitioner Henry T. Go, Chairman and President of Philippine International Air Terminals, Co., Inc. (PIATCO), was charged under an Information for violation of Section 3(g) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act). The Information alleged that he committed the offense “in conspiracy with” then Department of Transportation and Communications Secretary Vicente C. Rivera, Jr. The Sandiganbayan, in a Decision dated March 18, 2008, granted Rivera’s Demurrer to Evidence, acquitted him, and dismissed Criminal Case No. 28092. The Office of the Special Prosecutor’s Petition for Certiorari (G.R. No. 185045) assailing Rivera’s acquittal was dismissed by the Supreme Court in a Resolution dated December 3, 2008, which became final and executory. Petitioner Go filed the present case, and the Office of the Special Prosecutor filed a Motion for Reconsideration arguing that private persons conspiring with public officers can be held liable under Section 3(g) of R.A. No. 3019 .
ISSUE
Whether the criminal case against private individual Henry T. Go for alleged violation of Section 3(g) of R.A. No. 3019 , based on conspiracy with a public officer, should be dismissed following the final acquittal of the said public officer.
RULING
Yes, the case against Henry T. Go must be dismissed. The Supreme Court, upon reconsideration, clarified that while a private person may indeed be held liable under Section 3(g) of R.A. No. 3019 if there is a sufficient allegation of conspiracy with a public officer, such liability is derivative and dependent on the existence of a culpable public officer. The Information against Go, which alleged he acted “in conspiracy with accused Vicente C. Rivera, Jr.,” was deemed sufficient in form and substance pursuant to the rules on alleging conspiracy as a mode of committing a crime. However, the final and executory acquittal of the public officer, Vicente C. Rivera, Jr., means there is no public officer who can be held to have violated Section 3(g). Consequently, the basis for finding a conspiracy between Go and Rivera has been removed. A private individual cannot be convicted of conspiring to commit a crime under Section 3(g) with a public officer who has been adjudged not guilty of that crime. Therefore, the Sandiganbayan is directed to dismiss Criminal Case No. 28092 against petitioner Henry T. Go. The Motion for Reconsideration filed by the Office of the Special Prosecutor was denied.