FIRST DIVISION
[G.R. Nos. 239305-09. June 17, 2019.]
EDGARDO E. CINCO, LUZVIMINDA G. BIBAR, MEONILO C. REFORZADO, RICARDO M. EFREN AND ALFREDO CANONIGO, petitioners, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 17, 2019which reads as follows:
"G.R. Nos. 239305-09 — Edgardo E. Cinco, Luzviminda G. Bibar, Meonilo C. Reforzado, Ricardo M. Efren and Alfredo Canonigo vs. People of the Philippines
Acting on the Petition for Review on Certiorari, the Court resolves to DENY the same for failure of the petitioners to show that the Sandiganbayan committed any reversible error in its February 26, 2018 Decision and April 5, 2018 Resolution in SB-10-CRM-0040 to 0044. On the contrary, they are in accord with the facts and the applicable laws and jurisprudence. HTcADC
The elements of the offense of violation of Section 3 (e) of Republic Act (R.A.) No. 3019 are as follows:
1. The accused must be a public officer discharging administrative, judicial or official functions;
2. He must have acted with manifest partiality, evident bad faith, or gross inexcusable negligence; and
3. His action caused any undue injury to any party, including the government, or gave any private party unwarranted benefits, advantage or preference in the discharge of his functions.
The Sandiganbayan was correct in finding that all the elements above were present. First, the petitioners were all public officers at the time the acts imputed against them were committed and they committed the same in the discharge of their official functions as members of the Bids and Awards Committee of the Municipality of Tabontabon, Leyte. Second, the petitioners acted with evident bad faith when they received their honoraria which was more than 25% of their respective salaries, in violation of the Department of Budget and Management's Budget Circular No. 2004-5. Moreover, petitioners' act of receiving honoraria for the month of January to May 2007 despite the fact that no competitive bidding activity actually took place during that period also evinced their evident bad faith. Third, the petitioners caused undue injury to the government in the amount of P272,000.00, which was the sum of the honoraria that the petitioners unlawfully received.
The Sandiganbayan was likewise correct in imposing the penalty of imprisonment of six (6) years and one (1) month for each count of violation of Section 3 (e) of R.A. No. 3019, as stated in the body of its February 26, 2018 Decision. However, in the dispositive portion, it inadvertently imposed the penalty of imprisonment of six (6) years and one (1) day for each count. Under Section 9 of R.A. No. 3019, the penalty for violation of Sections 3, 4, 5, and 6 is imprisonment for not less than six (6) years and one (1) month nor more than fifteen (15) years. Thus, there is a need to correct the dispositive portion of the Sandiganbayan's Decision. Section 9 further imposes the penalty of perpetual disqualification from holding public office upon any public officer or private person found guilty of violation of Sections 3, 4, 5, and 6 of the same law. As such, petitioners are perpetually disqualified from public office. As for the penalty of payment of the sum of P272,000.00, which was the total amount of honoraria the petitioners unlawfully received, the Court upholds the same as it was duly established during trial. CAIHTE
ACCORDINGLY, the Court resolves to AFFIRM the February 26, 2018 Decision and April 5, 2018 Resolution of the Sandiganbayan in SB-10-CRM-0040 to 0044 with the following MODIFICATIONS: petitioners EDGARDO E. CINCO, LUZVIMINDA G. BIBAR, MEONILO C. REFORZADO, RICARDO M. EFREN, and ALFREDO F. CANONIGO are hereby found GUILTY of five (5) counts of violation of Section 3 (e) of Republic Act No. 3019 and are sentenced to suffer the penalty of imprisonment of six (6) years and one (1) month for each count, with perpetual disqualification from holding public office.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court