G.R. No. 254552 - PEOPLE OF THE PHILIPPINES, VS. RICO P. VALDELLON, LORENZO L. JACINTO,[1] JACINTO M. ILAGAN, DON THED J. RAMIREZ AND RENATO R. VEHEMENTE,[2] ACCUSED

Ruling

WHEREFORE , in light of all the foregoing, judgment is hereby rendered finding accused Rico P. Valdellon, Lorenzo L. Jacinto, Don Thed J. Ramirez and Renato R. Vehenente a.k.a. Vehemente GUILTY beyond reasonable doubt of violation of Section 3 (e) of R.A. No. 3019, as amended, and are hereby SENTENCED to suffer the indeterminate penalty of [six] (6) years and one (1) month, as minimum, to ten (10) years, as maximum, and to suffer perpetual disqualification from holding public office. SO ORDERED . [87] The Sandiganbayan held that the prosecution established beyond reasonable doubt all the elements of violation of Section 3 (e) of RA 3019: (1) the accused is a public officer discharging administrative, judicial or official functions; (2) the accused acted with manifest partiality, evident bad faith or gross inexcusable negligence; and (3) the accused caused undue injury to any party including the government, or gave any private party unwarranted benefits, advantage, or preference in the discharge of his or her functions. [88] The court found all the accused gave unwarranted benefit, preference, and advantage to the Joint Venture when it allowed the submission of the Joint Venture's Amended ECC during the post-qualification stage. [89] As the Sandiganbayan found, there were five members of the BAC for the Divestment or Disposal of Unserviceable Assets of Sold Plants and Other Disposable Assets which included the sale/disposal of the waste oil located at the STPP. They were Valdellon, Jacinto, Ilagan, Ramirez and Vehemente. They were designated as Chairperson, Vice-Chairperson, and members, respectively. During the December 19, 2011 meeting, the BAC members present voted whether to accept or reject the Amended ECC of the Joint Venture during the post-qualification stage. At that time, Chairperson Valdellon, Vice Chairperson Jacinto, and members Ilagan and Ramirez were present. BAC member Vehemente was absent. Jacinto and Ramirez voted to accept the Amended ECC, while Ilagan voted against its acceptance. [90] Chairperson Valdellon who acted as the arbiter during the deliberations did not cast his vote. The Sandiganbayan pointed out that pursuant to Clause 9 of the ITB on the " Documents Comprising the Bid: Eligibility and Technical Components " and the BDS, [91] the Amended ECC should have been submitted during the pre-qualification stage. Under the BDS, in particular, the ECC was one of the required eligibility documents to be submitted by the bidders during the pre-qualification. As such, the Amended ECC should have been included in the first envelope of the respective bidders which were opened on November 17, 2011. [92] The Sandiganbayan ruled that by allowing the Joint Venture to belatedly submit an amended ECC, the BAC gave it an opportunity to enhance or improve its bid, enabling it to qualify. [93] The Sandiganbayan further pronounced that the " other appropriate licenses and permits required by law", as well as the inspection/verification re