G.R. No. 203382 , September 18, 2019
Pedro S. Cuerpo, Salvador Simbulan and Fernando H. Roño, Petitioners, vs. People of the Philippines, Respondent.

FACTS

The case emanated from an Information charging petitioners Pedro Cuerpo (Municipal Mayor), Fernando Roño (Municipal Engineer), Salvador Simbulan (Barangay Chairman of Barangay Burgos), and Capt. Renato Evasco (Head of Demolition Team) with violation of Section 3(e) of R.A. No. 3019 . The charge stemmed from the demolition of temporary shelters erected by private complainants (members of “Samahang Magkakapitbisig”) on their own land covered by TCT No. 436865 in Barangay Burgos, Rodriguez, Rizal, during the period August 2002 to October 2003. The private complainants, former informal settlers from Quezon City, had purchased the land for relocation. Mayor Cuerpo initially refused their relocation, requiring them to first secure a development permit and develop the property. Despite a court order directing Mayor Cuerpo and Engr. Roño to accept and process their building permit applications, the applications were returned unprocessed. Forced to vacate their Quezon City lot due to a writ of demolition, the families moved to their Rodriguez property and built temporary shelters. On September 22 and 23, 2003, upon orders, a demolition team led by Capt. Evasco and involving Brgy. Capt. Simbulan dismantled the shelters and confiscated materials. The Sandiganbayan found petitioners guilty, ruling they conspired and acted with evident bad faith, causing undue injury to the private complainants by depriving them of their property’s use without due process.

ISSUE

Whether the Sandiganbayan correctly found petitioners guilty beyond reasonable doubt of violating Section 3(e) of R.A. No. 3019 .

RULING

The Supreme Court DENIED the petition and AFFIRMED the Sandiganbayan’s Decision with MODIFICATION regarding the penalty. The Court held that all elements of Section 3(e) of R.A. No. 3019 were present: (1) petitioners were public officers; (2) they acted with evident bad faith; (3) their actions caused undue injury to the private complainants. The Court found evident bad faith in petitioners’ persistent refusal to process permits despite a court order, the imposition of inapplicable permit requirements, and the execution of a demolition without the requisite summary eviction proceedings under R.A. No. 7279 (Urban Development and Housing Act). The demolition was illegal as the private complainants were legitimate lot owners, not squatters, and no court order authorized the demolition of their structures. The coordinated acts of Mayor Cuerpo (issuing the order), Engr. Roño (wrongfully denying permits), and Brgy. Capt. Simbulan (participating in the demolition) constituted conspiracy. However, the penalty was modified. Applying the Indeterminate Sentence Law, the minimum penalty was set within the range of the penalty next lower to that prescribed by R.A. No. 3019 (prision correccional maximum to prision mayor minimum, or 6 months and 1 day to 8 years). The maximum penalty was set at 9 years, as the law prescribes a penalty of imprisonment for not less than 6 years and 1 month nor more than 15 years, plus perpetual disqualification from public office. Thus, the penalty was adjusted to an indeterminate sentence of 6 months and 1 day as minimum to 9 years as maximum, with perpetual disqualification from public office.