G.R. No. 201380 - ARTURO O. RADAZA, VS. HON. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES.

Ruling

accordingly under Section 3(e) of RA 3019. The Amended Information, [27] also approved by Ombudsman Gutierrez, made the following accusations as regards Radaza: The undersigned Deputy Ombudsman for the Visayas accuses ROBERT G. LALA, GLORIA R. DINDIN, MARLINA S. ALVIZO, PUREZA A. FERNANDEZ, CRESENCIO T. BAGOLOR, AGUSTINITO P. HERMOSO, LUIS A. GALANG, RESTITUTO R. DIANO, AYAON S. MANGGIS, MARILYN A. OJEDA, TERESA B. BERNIDO, ARTURO O. RADAZA , JULITO H. CUIZON, FERNANDO T. TAGAAN, JR., ROGELIO D. VELOSO and ISABELO A. BRAZA, of the offense of VIOLATION OF SECTION 3(e), R.A. 3019, AS AMENDED, otherwise known as THE ANTI-GRAFT AND CORRUPT PRACTICES ACT, committed as follows: That on or about 6 February 2007 and for sometime prior or subsequent thereto, at the City of Cebu, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, above-named accused, ROBERT G. LALA, GLORIA R. DINDIN, MARLINA S. ALVIZO, PUREZA A. FERNANDEZ, CRESENCIO T. BAGOLOR, AGUSTINITO P. HERMOSO, LUIS A. GALANG, RESTITUTO R. DIANO, AYAON S. MANGGIS, MARILYN A. OJEDA, TERESA B. BERNIDO, ARTURO O. RADAZA , JULITO H. CUIZON, FERNANDO T. TAGAAN, JR., ROGELIO VELOSO, public officers, being the Regional Director, Assistant Regional Director, Assistant Regional Director and Chairperson, Bids and Awards Committee [BAC], Officer-In-Charge Chief, Maintenance Division and BAC Member, Officer-In-Charge Assistant Chief Maintenance Division and BAC Technical Working Group [TWG] Member, Regional Legal Officer and BAC Member, Chief, Planning and Design Division and BAC-Member, Chief Administrative Division and BAC Member, and BAC-TWG Members, all of the Department of Public Works and Highways [DPWH]-VII, respectively, City Mayor , City Engineer, Assistant City Engineer and Engineer IV, respectively, all of Lapu-Lapu City, Province of Cebu, in such capacity and committing the offense in relation to office, conniving and confederating together and mutually helping each other, and with ISABELO A. BRAZA, a private individual, in his capacity as President and Chairman of the Board, FABMIK Construction and Equipment Supply Co., Inc., with deliberate intent, manifest partiality or evident bad faith, did then there willfully, unlawfully and criminally cause the award of Contract ID No. 06HO0050 for the SUPPLY AND INSTALLATION OF STREET FACILITIES (consisting of 1.0 LOT or 139 units of Single Arm Poles and 60 units of Double Arm Poles, or a total of 199 units), MANDAUE- MACTAN BRIDGE 1 TO PUNTA ENGAÑO SECTION, LAPU-LAPU CITY , executed by and between GLORIA R. DINDIN (in her capacity as DPWH-VII Assistant Regional Director) and accused ISABELO A. BRAZA (President and Chairman of FABMIK Construction and Equipment Supply Company, Inc.), for EIGHTY THREE MILLION NINE HUNDRED THIRTY FIVE THOUSAND PESOS (P83,935,000.00), by preparing the Program of Works and Estimates [POWE], Approved Budget for the Contract [ABC] and other related documents, and conducting the procurement process,