G.R. No. 250867 . March 16, 2022.
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RONALD N. RICKETTS, CYRUS PAUL S. VALENZUELA, MANUEL J. MANGUBAT, JOSEPH D. ARNALDO, AND GLENN S. PEREZ, ACCUSED, RONALD N. RICKETTS AND GLENN S. PEREZ, ACCUSED-APPELLANTS.

FACTS

Accused-appellants Ronald N. Ricketts, Chairman and CEO of the Optical Media Board (OMB), and Glenn S. Perez, Computer Operator of the OMB, along with three other OMB officials, were charged with violation of Section 3(e) of R.A. No. 3019 . The Information alleged that on May 27, 2010, in Quezon City, they conspired to give unwarranted benefit to Sky High Marketing Corporation by allowing and causing the release and reloading of pirated DVDs and VCDs confiscated from an establishment earlier that day, compromising the evidence for potential cases against the violators, to the damage of the government and public interest.
The prosecution evidence established that on May 27, 2010, OMB agents, including Perez and co-accused Arnaldo and Mangubat, raided a compound in Quiapo, Manila, confiscating 127 boxes and two sacks of pirated optical discs and a recording machine. The items were loaded onto a seized Isuzu Elf van marked “Sky High Marketing” and brought to the OMB compound. That night, around 10:00 p.m., the guard-on-duty, Pedro Gazzingan, found Perez reloading 121 boxes of the seized items back onto the same van. When asked for a gate pass, Perez stated it was “Chairman” (Ricketts) who instructed the pull-out. The guard sought guidance from Executive Director Valenzuela, who said, “kung utos ni Chairman, wala tayong magagawa.” The next day, only four boxes remained. The prosecution presented testimonial and documentary evidence, including personnel records, affidavits, and OMB procedures.
The defense presented accused Arnaldo and Mangubat, who testified. Ricketts and Perez did not take the witness stand. Mangubat testified that Ricketts knew of the pull-out and stated the items were transferred to a safe place. He also claimed that the remaining four boxes (about 500 discs per box) were more than sufficient to file charges, but no case was filed against Sky High Marketing as there was no evidence it owned the discs.
The Sandiganbayan, in a Decision dated March 15, 2019, acquitted Valenzuela (via a granted demurrer to evidence), Arnaldo, and Mangubat but found Ricketts and Perez guilty beyond reasonable doubt. They were sentenced to suffer imprisonment from six (6) years and one (1) day to eight (8) years, with perpetual disqualification from holding public office. Ricketts and Perez appealed.

ISSUE

Whether the Sandiganbayan erred in finding accused-appellants Ronald N. Ricketts and Glenn S. Perez guilty beyond reasonable doubt of violating Section 3(e) of R.A. No. 3019 .

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Sandiganbayan Decision dated March 15, 2019, with MODIFICATION. The penalty imposed on accused-appellants is imprisonment of six (6) years and one (1) month, as minimum, to ten (10) years, as maximum, with perpetual disqualification from holding public office.
The Court held that all elements of violation of Section 3(e) of R.A. No. 3019 were proven beyond reasonable doubt: (1) the accused are public officers; (2) the accused acted with manifest partiality, evident bad faith, or gross inexcusable negligence; and (3) such action caused undue injury to any party, including the government, or gave any private party unwarranted benefits, advantage, or preference.
First, Ricketts and Perez were public officers at the time of the offense. Second, their actions constituted gross inexcusable negligence. Ricketts, as OMB Chairman, had the duty to ensure the safekeeping of seized items as evidence for prosecution. His failure to prevent the unauthorized release of 121 boxes of pirated discs, despite being informed, and his subsequent inaction in filing a case against the violators, demonstrated a blatant disregard of this duty. Perez, by physically removing the items without the required gate pass and authority, and claiming Ricketts’ instructions, actively participated in the irregular release. Their negligence was gross and inexcusable, characterized by want of even slight care and conscious indifference to consequences. Third, their negligence resulted in undue injury to the government by depriving it of the confiscated evidence and giving unwarranted benefit to Sky High Marketing Corporation through the release of its vehicle and the pirated discs, compromising the state’s ability to prosecute intellectual property violations. The defense of sufficient remaining evidence (four boxes) was untenable, as the law requires the preservation of all seized items as evidence, and the release of the majority compromised the case’s integrity.