G.R. Nos. 233443-44, November 28, 2018
Albert G. Ambagan, Jr. v. People of the Philippines

FACTS

Albert G. Ambagan, Jr., the Municipal Mayor of Amadeo, Cavite, was charged with two counts of violating Section 3(e) of R.A. No. 3019 (Anti-Graft and Corrupt Practices Act). The charges stemmed from a municipal eco-tourism project at Balite Falls. The prosecution alleged that in February 2008, Ambagan ordered construction works on two privately owned lots without the consent of the owners, Revina Lumandas (representing the heirs of Simplicio Lumandas) and Calixto Lumandas. The owners’ ancestral house was demolished, and their land was developed for park facilities and road widening. Despite demands to cease construction and formal rejections of lease proposals, the construction activities continued. Ambagan, with armed men, even prevented the owners from marking their property boundaries.
The Sandiganbayan found Ambagan guilty beyond reasonable doubt. The court ruled that as Mayor, he acted with evident bad faith and gross inexcusable negligence by authorizing and continuing the project on private property without first securing the necessary legal rights, such as through expropriation proceedings or a voluntary agreement with the landowners. This act caused undue injury to the owners by depriving them of the use and enjoyment of their titled properties.

ISSUE

Whether the Sandiganbayan erred in convicting petitioner Albert G. Ambagan, Jr. of violation of Section 3(e) of R.A. No. 3019 .

RULING

The Supreme Court affirmed the conviction. The legal logic rests on the established elements of Section 3(e) of R.A. No. 3019 : (1) the accused is a public officer; (2) the act was done in the discharge of the accused’s official, administrative, or judicial functions; (3) the act was done through manifest partiality, evident bad faith, or gross inexcusable negligence; and (4) the act caused undue injury to any party or gave any private party unwarranted benefits. All elements were proven.
First, Ambagan was unquestionably a public officer as Municipal Mayor. Second, his actions of implementing the municipal eco-tourism project were within his official functions. Third, the Court agreed with the Sandiganbayan’s finding of “gross inexcusable negligence.” As the chief executive, Ambagan had the duty to ensure the project complied with law. His failure to verify land ownership or initiate proper expropriation proceedings before causing construction on privately titled lands constituted a flagrant and reckless disregard of this duty. His subsequent actions—ignoring the owners’ demands and preventing them from asserting their rights—buttressed this finding. Finally, this negligence directly caused undue injury to the Lumandas heirs and Calixto Lumandas, as they were dispossessed of their property without due process or just compensation. The Court modified the penalty to an indeterminate sentence of six years and one month as minimum to ten years as maximum for each count, with perpetual disqualification from public office. The civil liability for the value of the affected land areas was also affirmed.