GR 248701; (July, 2020) (Digest)
G.R. No. 248701 , July 28, 2020
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. LIONEL ECHAVEZ BACALTOS, Accused-Appellant.
FACTS
Accused-appellant Lionel Echavez Bacaltos, then Municipal Mayor of Sibonga, Cebu, was charged with violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act). The Information alleged that in February 2015, he received an honorarium of Php17,512.50 from the Philippine Health Insurance Corporation (PhilHealth) capitation fund, despite not being entitled to it, as the fund was exclusively intended for municipal health personnel. Appellant was not a physician, health professional, non-health professional, or volunteer of the Municipal Health Office. The parties stipulated during pre-trial that appellant certified Obligation Request No. 0499-02-15-300 for the release of the 20% PhilHealth honoraria for health personnel and received the said amount, and that he was not a member of the municipal health personnel. Both prosecution and defense dispensed with the presentation of evidence and submitted the case based on the stipulations and exhibits.
ISSUE
Whether accused-appellant is guilty beyond reasonable doubt of violating Section 3(e) of R.A. No. 3019 for receiving the PhilHealth honorarium, thereby causing undue injury to the government.
RULING
The Supreme Court affirmed the Sandiganbayan’s decision finding accused-appellant guilty. The Court held that all elements of violation of Section 3(e) of R.A. No. 3019 were present: (1) accused-appellant was a public officer; (2) he acted with manifest partiality, evident bad faith, or gross inexcusable negligence; and (3) his action caused undue injury to the government. Appellant, as Mayor, certified and received the honorarium despite knowing it was exclusively allocated for health facility staff under PhilHealth Circular No. 010, s. 2012. His receipt of the fund deprived legitimate health personnel of the benefit and constituted undue injury to the government. His claim of good faith was rejected, as his belief of entitlement was unreasonable given the clear circular restrictions. The Court also upheld the Sandiganbayan’s jurisdiction over the case. Appellant was sentenced to an indeterminate penalty of six (6) years and one (1) day to eight (8) years of imprisonment, perpetual disqualification from public office, and ordered to indemnify the Municipality of Sibonga, Cebu, in the amount of Php17,512.50.