G.R. No. 252971, January 11, 2023
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ALEJANDRO NAVUAL ABARRATIGUE, RAUL ROBERTO TAPIA, and ANALIZA MABONGA BAGRO, Accused-Appellants.

FACTS

Accused-appellants, public officials of the Municipality of Hinabangan, Samar (Alejandro Navual Abarratigue as Municipal Mayor, Raul Roberto Tapia as Municipal Treasurer, and Analiza Mabonga Bagro as Administrative Officer II), were charged with violation of Section 3(e) of R.A. 3019 (Anti-Graft and Corrupt Practices Act). The Information alleged that on or about August 12, 2008, they conspired to cause undue injury to the government by purchasing a portion of Lot 387 for PhP500,000.00 from the heirs of Isidro A. Abarracoso without prior authorization from the Sangguniang Bayan (SB). Abarratigue signed the disbursement voucher and the Extrajudicial Settlement of Estate with Absolute Deed of Sale on behalf of the municipality. Tapia certified the availability of funds and signed the check. Bagro received the check purportedly on behalf of the seller.
During trial, prosecution witnesses testified that: (1) there was no SB resolution or ordinance authorizing the mayor to enter into the contract of sale; (2) there was no specific budgetary allotment for the purchase of the subject lot, although an amount was allocated for “Expansion of Municipal Cemetery” in the 2008 Annual Budget; and (3) the purchased lot was in a different location from the existing municipal cemetery. The defense argued that the SB had approved the expansion project via Resolution No. 23-2007 and that the budget allocation was sufficient authority. Bagro claimed she merely facilitated the check’s encashment. The Sandiganbayan found them guilty beyond reasonable doubt.

ISSUE

Whether the Sandiganbayan correctly found accused-appellants guilty beyond reasonable doubt of violating Section 3(e) of R.A. 3019.

RULING

Yes, the Sandiganbayan’s decision is affirmed. All elements of the crime were proven. First, accused-appellants are public officers in the performance of their official functions. Second, they acted with gross inexcusable negligence. Abarratigue violated Section 22(c) and Section 444 of the Local Government Code by entering into a contract without prior SB authorization. The SB Resolution No. 23-2007 and the Municipal Development Council resolution pertained only to the “expansion” of the cemetery, not the “purchase” of a new lot, and did not constitute the required authority. Tapia, by certifying fund availability and signing the check despite the lack of authority, and Bagro, by receiving the check and facilitating the transaction despite knowing the payee discrepancy and lack of authority, conspired with Abarratigue. Their concerted actions completed the illegal transaction. Third, their actions caused undue injury to the government through the unlawful disbursement of PhP500,000.00. The penalties imposed by the Sandiganbayan are affirmed.