G.R. No. 164891 - VIRGINIA M. GUADINES, VS. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, Juan dela Cruz, CENRO of Real, Quezon, prepared a memorandum-report and forwarded the same to the DENR Region IV Executive Director with a request for a lawyer to be sent to their office to assist in the preparation and filing of appropriate charges against the custodian who is the Barangay Chairman of Poblacion, Polillo, Quezon. In a letter dated March 10, 1993, CENRO dela Cruz asked Azaula to explain why he should not be charged with estafa and malversation for disposing the confiscated lumber without legal authority or clearance from the DENR Secretary. [12] On May 5, 1993, the Provincial Auditor of Quezon directed Edgardo A. Mendoza, State Auditor II, to conduct an investigation regarding the payment made for confiscated lumber used in the repair and construction of Navotas Bridge. After inspecting the site and inventory of the lumber in the newly constructed bridge together with the Municipal Engineer, Mendoza confirmed that these materials were the same ones confiscated by the CENR personnel, differing only in length of the logs used. Mendoza concluded that there was no justification for the government to pay the purchase price of the lumber allegedly delivered by the contractor. Thus, in his final report submitted to the Provincial Auditor, Mendoza recommended that V.M. Guadines Construction be ordered to refund the amount paid by the provincial government and that administrative and criminal actions be filed against said contractor, as well as the public officials who participated in defrauding the government in the amount of P83,228.00 and for violation of the Anti-Graft and Corrupt Practices Act. [13] On November 15, 1994, a Notice of Disallowance was issued by the Commission on Audit (COA), Lucena City for the amount of P70,924.00. From the original amount of P83,228.00, they deducted the value of the common materials used such as nails and "kawad." The difference represents the value of the confiscated lumber actually used in the construction of the bridge. [14] Subsequently, a complaint was filed before the Office of the Ombudsman by Sangguniang Bayan member May Verzo-Estuita against petitioner, Ayuma, Azaula and Escara for violation of the Anti-Graft and Corrupt Practices Act (OMB 0-93-1388). On April 22, 1994, a Resolution [15] was issued by the Ombudsman recommending the filing of appropriate information against all the respondents for violation of Section 3(e) of R.A. No. 3019. The Ombudsman found to be without merit respondents' denial that the lumber used in the construction of Navotas Bridge were the same lumber earlier confiscated by the CENR field personnel, noting that Azaula took cognizance of the said materials during the deliberations in the Sangguniang Bayan . Respondents were thus held liable for causing undue injury to the provincial government which was made to pay the amount of P83,228.00 for the confiscated lumber. The Information charging petitioner, Azaula, Escara and Ayuma with violation of Section