G.R. No. 186421* - ROBERTO P. FUENTES, VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly, sentenced him to suffer the penalty of imprisonment for an indeterminate period of six (6) years and one (1) month, as minimum, to ten (10) years and six (6) months, as maximum, with perpetual disqualification from public office, and ordered to pay Valenzuela the amount of P200,000.00 as nominal damages. [16] The Sandiganbayan found that the prosecution had established all the elements of violation of Section 3 (e) of RA 3019, considering that: ( a ) Fuentes was admittedly the Mayor of Isabel, Leyte at the time relevant to the case; ( b ) he singled out Valenzuela's Triple A despite the fact that the rumors relative to the illegal smuggling and drug-related activities covered all ship chandlers operating in the Port of Isabel; ( c ) he still refused to approve Valenzuela's Business Permit for Triple A even though she had already secured clearances not only from the other offices of the LGU, but from the PNP itself, exculpating her from any illegal activities; and ( d ) as a result of Fuentes's acts, Valenzuela was unable to operate her ship chandling business through Triple A, thus, causing her undue injury. [17] Aggrieved, Fuentes moved for reconsideration, which was, however, denied in a Resolution [18] dated February 16, 2009; hence, this petition. The Issue Before the Court The primordial issue for the Court's resolution is whether or not the Sandiganbayan correctly convicted Fuentes of the crime of violation of Section 3 (e) of RA 3019. The Court's Ruling The petition is without merit. Section 3 (e) of RA 3019 states: Section 3. Corrupt practices of public officers . - In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: x x x x (e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefit, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. As may be gleaned above, the elements of violation of Section 3 (e) of RA 3019 are as follows: ( a ) that the accused must be a public officer discharging administrative, judicial, or official functions (or a private individual acting in conspiracy with such public officers); ( b ) that he acted with manifest partiality, evident bad faith, or inexcusable negligence; and ( c ) that his action caused any undue injury to any party, including the government, or giving any private party unwarranted benefits, advantage, or preference in the discharge of his functions. [19] After a judicious review of the case, the Court is convinced that the Sandiganbayan correctly convicted Fuentes of the crime charged, as will be explai