G.R. No. 130319 - ERIBERTO L. VENUS, VS. HON. ANIANO DESIERTO, IN HIS OFFICIAL CAPACITY AS OMBUDSMAN; SANDIGANBAYAN [THIRD DIVISION]; MARS REGALADO AND HARRY ABAYON.

Ruling

Accordingly, the members of the Sangguniang Bayan of New Washington were informed by the respondent of the rejection of their offer. And having done what he had been mandated and authorized to do, although unsuccessfully, the respondent reasonably claimed reimbursement for his actual expenses in connection thereof in the amount of P1,401.00 as justified by him in his Itinerary of Travel dated September 12, 1988 (Annex "C" of complaint or Annex "A" of respondents reply to complainants rejoinder), for which Disbursement Voucher No. 101-88-09-632 (Annex "B" of complaint) was duly prepared and approved. Considering that the authority given the respondent was "to negotiate and/or enter into a contract with the Board of Liquidators", and that the negotiated transaction or offer pursuant thereof had been rejected by the Board and instead a public bidding was called, no contract for the sale of subject lot to the municipality of New Washington could possibly be pursued based thereon. There being no subsequent authority for the respondent to tender before the Ad Hoc Committee on Bids a bid offer of the municipality of New Washington, the respondents authority to represent the municipality concerned for purposes of acquiring the subject lot had been effectively terminated upon the rejection of their offer of a negotiated purchase. That he transacted and bidded [sic] for said purchase on his own and not upon any authority or official representation is shown by his letter-request to Governor Corazon L. Cabagnot dated September 17, 1988 (Annex "C" of respondents reply to complainants rejoinder) for authority to travel to Manila and the 1st Indorsement dated September 17, 1988 of Governor Cabagnot (Annex "D") granting such authority. WHEREFORE, premises considered, the undersigned respectfully recommends the DISMISSAL of the instant complaint. Then Ombudsman Conrado M. Vasquez, however, disapproved the resolution, with a marginal note to "[c]onsider the possible liability of [petitioner] for a violation of Section 3(e), R.A. 3019 [since] [t]here is a pervading showing of bad faith on the part of [petitioner] in maneuvering to acquire for himself a piece of property which he himself knew to be badly needed by the municipality." The case was re-raffled to Graft Investigation Officer I Carla N. Tanco of the Office of the Deputy Ombudsman for the Visayas. In her Resolution [11] dated 5 December 1994, she found " prima facie evidence to proceed against [petitioner]" for violation of Sec. 3(e), of R.A. No. 3019, as amended, and recommended the filing of the corresponding information. The Deputy Ombudsman for the Visayas recommended approval thereof. The resolution was thereafter referred for review to Special Prosecutor Officer III Orlando I. Ines of the Office of the Special Prosecutor. In his Memorandum [12] of 22 February 1996, Ines found that "there is a reasonable ground to charge respondent Mayor Eriberto L. Venus of New Washington, Aklan, for violation o