G.R. No. 187268 - JOVITO C. PLAMERAS, VS. PEOPLE OF THE PHILIPPINES.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, finding accused Jovito C. Plameras, Jr. guilty beyond reasonable doubt of the offense of violation of Section 3(c) of Republic Act No. 3019 (R.A. No. 3019), judgment is hereby rendered sentencing the said accused to an indeterminate prison term of SIX (6) years and ONE (1) month as minimum to TEN (10) years as maximum, and to suffer perpetual disqualification from public office. [2] The Facts This case stems from the implementation of a project known as the Purchase of School Desks Program piloted by the Department of Education, Culture and Sports (DECS) Central Office, through the Poverty Alleviation Fund (PAF) for the purpose of giving assistance to the most depressed provinces in the country. The Province of Antique was among the beneficiaries, with a budget allocation of P5,666,667.00. It was on 12 March 1997, during his incumbency as Provincial Governor of the Province of Antique, that petitioner Plameras received two (2) checks from the DECS-PAF in the total amount of P5,666,667.00 drawn against the Land Bank of the Philippines (LBP), for the purchase of school desks and armchairs. The checks were deposited with the LBP, San Jose, Antique Branch, where the Province of Antique maintains an account. Later on, the Province of Antique, through the petitioner, issued a check drawn against its account at the LBP San Jose, Antique Branch in the same amount and deposited it to the LBP Pasig City Branch. On 8 April 1997, petitioner signed a Purchaser-Seller Agreement for the Supply and Delivery of Monoblock Graders Desks [3] with CKL Enterprises, as represented by Jesusa T. Dela Cruz (Dela Cruz), the same enterprise which the DECS Central Office had entered into, through a negotiated contract for the supply of desks, sometime in 1996. Consequently, on 21 April 1997, petitioner applied with the LBP Head Office for the opening of an Irrevocable Domestic Letter of Credit [4] in behalf of the Provincial School Board of Antique in the amount of P5,666,600.00 in favor of CKL Enterprises/Dela Cruz. Such application was approved by the LBP; thus, the issuance of Letter of Credit No. 97073/D [5] was issued on 22 April 1997 in favor of Dela Cruz. In both the LBP application form and Letter of Credit, it was duly noted that All documents dated prior to LC opening date acceptable. This L/C is transferable and withdrawable. On 24 April 1997, the petitioner signed Sales Invoice No. 0220 [6] and accepted LBP Draft No. DB97121. [7] The sales invoice stated that the petitioner received and accepted 1,354 graders desks and 5,246 tablet armchairs in good order and condition for the total value of P5,666,600.00. On even date, Dela Cruz of CKL Enterprises submitted the said sales invoice and draft to the LBP Head Office. Thereupon, the said bank fully negotiated the letter of credit for the full amount and remitted its proceeds to Land Bank Pasig City Branch for credit to the account of CKL Enterprises/Dela Cruz, charging the full payment to the Provinc