G.R. No. 254639 , October 21, 2024
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. AMELIA R. DE PANO, ANGELITO A. RODRIGUEZ, NOEL G. JIMENEZ, AND JOSE JOEL B. BALDEO, ACCUSED, ANGELITO A. RODRIGUEZ, NOEL G. JIMENEZ, ACCUSED-APPELLANTS.

FACTS

Accused-appellants Angelito A. Rodriguez (Assistant Provincial Engineer) and Noel G. Jimenez (Field Engineer IV), along with Amelia R. De Pano (Provincial Engineer) and Jose Joel B. Baldeo (owner of J. Baldeo Construction), were charged with violation of Section 3(e) of Republic Act No. 3019 . The charge stemmed from the construction of a perimeter fence at Palili Elementary School in Bataan. The Information alleged that on or about March 17, 2004, the accused public officers, with deliberate intent, manifest partiality, and evident bad faith, caused undue injury to the Provincial Government of Bataan in the amount of P253,725.00 and gave unwarranted benefit to J. Baldeo Construction. They did this by entering into a contract for the project and subsequently making untruthful statements in an Accomplishment Report and a Certification dated March 17, 2004, to make it appear the project was 100% complete, thereby facilitating full payment to Baldeo on June 2, 2004, when in fact, as of an August 2004 inspection, the fence had not been constructed. The case against Baldeo was dismissed due to his death. During pre-trial, accused-appellants stipulated, among other facts, that they signed the March 17, 2004 Certification and Accomplishment Report (though they reserved the right to explain these acts at trial) and that payment was made via a check for P253,725.00 to Baldeo Construction. Prosecution witnesses, including teachers from the school, a provincial security officer, and Commission on Audit (COA) auditors, testified that no perimeter fence was ever built at the school site, contrary to the certified reports, and that only hollow blocks were delivered. The defense claimed accused-appellants signed the documents based on the representations of their superior, accused Engr. De Pano, and that they believed the project was ongoing or complete based on her instructions and the presence of materials on site.

ISSUE

Whether the Sandiganbayan correctly found accused-appellants Angelito A. Rodriguez and Noel G. Jimenez guilty beyond reasonable doubt of violating Section 3(e) of Republic Act No. 3019 .

RULING

Yes, the Sandiganbayan’s decision is affirmed. The Court found all elements of violation of Section 3(e) of R.A. No. 3019 present: (1) the accused are public officers; (2) the charged acts were done in the discharge of their official, administrative, or judicial functions; (3) they acted with manifest partiality, evident bad faith, or gross inexcusable negligence; and (4) their action caused undue injury to any party, including the government, or gave any private party unwarranted benefits, advantage, or preference. The first two elements were established by the accused-appellants’ positions and their official acts of inspecting and certifying the project. For the third element, the Court found the presence of “evident bad faith.” Accused-appellants certified the project as 100% complete despite not having conducted a thorough, hands-on inspection of the actual construction site. They relied merely on the word of their superior and a distant view, which constituted a conscious and intentional design to evade their positive duty as engineers to verify the actual accomplishment. This deliberate omission facilitated the illegal release of public funds for a non-existent project. The fourth element was satisfied as the government suffered undue injury in the amount of P253,725.00 paid for the unconstructed fence, and J. Baldeo Construction received unwarranted benefit. The defense of good faith and reliance on a superior’s order was rejected, as their duty to verify was personal and could not be evaded. Thus, their guilt was proven beyond reasonable doubt.