G.R. No. 242539 , February 01, 2021
VENER D. COLLAO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND THE HONORABLE SANDIGANBAYAN (FOURTH DIVISION), RESPONDENTS.

FACTS

Petitioner Vener D. Collao was the Chairman of Barangay 780, Zone 85, District V, City of Manila. In March 2012, during his term, Barangay 780 entered into a contract with businessman Franco G.C. Espiritu (doing business as FRCGE Trading) for the delivery of supplies for a basketball court and school/sports equipment, amounting to P134,200.00. Collao demanded from Espiritu a 30% commission (P40,000.00) on the contract price, which Espiritu acceded to. On March 23, 2012, Espiritu issued BDO Check No. 0041017 for P40,000.00, which Collao received and acknowledged via a signed receipt. Collao, in his official capacity, subsequently approved the purchase order, acceptance and inspection report, and disbursement voucher for the project. An Information was filed charging Collao with violation of Section 3(b) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act). The Regional Trial Court (RTC) found Collao guilty, sentencing him to imprisonment, perpetual disqualification from public office, and ordering him to pay Espiritu P40,000.00. The Sandiganbayan affirmed the RTC decision in toto. Collao denied the allegations, claiming the acknowledgment receipt and signature on the check were forged, and that the money was for a personal debt unrelated to the contract.

ISSUE

Whether the Sandiganbayan correctly convicted Collao of violation of Section 3(b) of R.A. No. 3019 .

RULING

The Supreme Court DENIED the petition and AFFIRMED the Sandiganbayan Decision. The Court held that all elements of violation of Section 3(b) of R.A. No. 3019 were proven beyond reasonable doubt: (1) Collao was a public officer (Barangay Chairman); (2) he requested and received P40,000.00 from Espiritu; (3) the request was made in relation to a contract (the barangay project) in which Collao intervened in his official capacity by approving the purchase order and related documents; and (4) the act was done while he was in the performance of his official functions. The Court upheld the credibility of prosecution witnesses Espiritu and Gina Cabilan, noting that minor inconsistencies in their testimonies did not impair their credibility. Collao’s defenses of forgery and personal debt were unsubstantiated and inconsistent. The Information sufficiently alleged all elements of the offense, informing Collao of the nature of the accusation. Thus, his conviction stands.