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JurisprudenceG.R. Nos. 234435-36 -

G.R. Nos. 234435-36 - TAHIRA S. ISMAEL AND AIDA U. AJIJON, VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 173,RA 8291RA 8291,RA 3019,RA 3019RA 173RA 427,
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Decision

Ruling

Accordingly, as to Ajijon, the penalty is modified to a period of one year to three years of indeterminate imprisonment. The imposed fine amounting to PHP 3,000.00, as well as the absolute disqualification from holding public office and from practicing any profession or calling licensed by the government, stands. As to Ismael, considering her high-ranking position, [110] the penalty of imprisonment from two to four years imposed by the Sandiganbayan was within the prescribed period under the applicable provision, but the fine should be increased from PHP 3,000.00 to PHP 10,000.00. The absolute disqualification from holding public office and from practicing any profession or calling licensed by the government likewise stands. One final note. No less than the fundamental law of the land commands accountability from public officers. Section 1, Article XI of the 1987 Constitution states that "[p]ublic office is a public trust[,]" and as such, "[p]ublic officers and employees must, at all times , be accountable to the people[.]" Public office comes with burdens and obligations. Those who accept public office subject themselves to all constitutional and statutory provisions, and pledge under oath to perform all the duties of their office. A corollary of public accountability is the highest level of transparency. Indubitably, it would take more than allegations of uncorroborated explanations and blame-shifting to relieve a public officer of liability in failing to perform a clear statutory duty. ACCORDINGLY , the Verified Petition for Review on Certiorari is PARTIALLY GRANTED . The Decision dated August 2, 2017 and the Resolution dated September 19, 2017 of the Sandiganbayan in Criminal Case Nos. 28278 and 28279 are MODIFIED as follows: (1) In Criminal Case No. 28278, petitioners Tahira S. Ismael (Ismael) and Aida U. Ajijon (Ajijon) are ACQUITTED of the charge under Section 3(e) of Republic Act (RA) No. 3019; and (2) In Criminal Case No. 28279, Ajijon is found GUILTY beyond reasonable doubt of violating Section 52(d) of RA No. 8291, in relation to Section 17.2.3 of its Implementing Rules and Regulations, and is thus sentenced to suffer an indeterminate penalty of imprisonment ranging from one (1) year, as minimum, to three (3) years, as maximum, and to pay a fine of PHP 3,000.00. She shall further suffer absolute perpetual disqualification from holding public office and from practicing any profession or calling licensed by the government. On (he other hand, Ismael is found GUILTY beyond reasonable doubt of violating Section 52(g) of RA No. 8291, in relation to Section 17.2.6 of its Implementing Rules and Regulations, and is thus sentence to suffer an indeterminate penalty of imprisonment ranging from two (2) years, as minimum, to four (4) years, as maximum, and to pay a fine of PHP 10,000.00. She shall also suffer the penalty of absolute perpetual disqualification from holding public office and from practicing any profession or calling licensed by the g