G.R. Nos. 190728-29 - PEOPLE OF THE PHILIPPINES, VS. HON. SANDIGANBAYAN (THIRD DIVISION), ENRIQUE T. GARCIA, JR., BENJAMIN M. ALONZO, EDGARDO P. CALIMBAS, FERNANDO C. AUSTRIA, EDUARD G. FLORENDO, EDWARD C. ROMAN, RODOLFO S. SALANDANAN, ORLANDO S. MIRANDA, RODOLFO S. IZON, DANTE R. MANALAYSAY, AND MA

Ruling

accordingly to complete the share of the THIRD PARTY in case the amount under escrow is not sufficient to cover the aforesaid amount of Sixty Million Pesos ([P]60,000,000.00). After the approval of this Compromise Agreement, but prior to the transfer of the aforesaid BASECO properties to the new corporation, all the rental payments and fruits thereof shall be divided between the FIRST PARTY, who shall receive Fifty-One Percent (51%) and the SECOND PARTY, in trust for the THIRD PARTY, who shall receive Forty-Nine Percent (49%). x x x x. [25] This Compromise Agreement was ratified by the SP of Bataan through its Resolution No. 38 [26] dated March 6, 2006 and approved by the RTC Makati through its Judgment [27] dated September 27, 2006, after finding that the same was "not contrary to law, morals, public order and public policy". [28] By virtue of having settled their dispute amicably, both private respondent Garcia and the PCGG filed a Joint Motion [29] dated July 17, 2006 praying that their respective petitions before the Court in G.R. No. 151237 and G.R. No. 159199 be withdrawn, and that both cases be considered closed and terminated. [30] This Joint Motion was granted by the Court in its Resolution dated August 14, 2006. [31] The Province of Bataan later moved for the early release of the partial amount representing the proceeds from the lease of the subject properties held in escrow by the RTC Balanga, and the latter granted the release of the amount of P140,000,000.00. [32] The PCGG and BASECO also filed a Joint Motion to release the remaining funds in escrow in the amount of P60,000,000.00 and the same was likewise granted. [33] Present Controversy The facts took a turn towards the case at bar when, on March 27, 2007, Oscar de los Reyes, a former mayor of the Municipality of Mariveles, Bataan, initiated a complaint before the Ombudsman against private respondent Garcia and the rest of the private respondents, as members of the SP ofBataan. The complaint anchored itself on the undue injury allegedly suffered by the Province of Bataan as a result of the grossly disadvantageous terms of the Compromise Agreement it entered into with the PCGG and BASECO. On August 30, 2008, after preliminary investigation, the Ombudsman filed two Informations [34] against all private respondents for violation of Section 3(e) and (g) of Republic Act No. (R.A.) 3019, [35] docketed as Criminal Cases Nos. SB-08-CRM.-0410 and SB-08-CRM-0411, the accusatory portions of which provide: In SB-08-CRM-0410, for Section 3(e), R.A. 3019: That on or about 05 January 2006, or sometime prior or subsequent thereto, in Mandaluyong City and in Balanga, Bataan Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, Enrique T. Garcia, Jr., Salary Grade 30, Governor of Bataan, Benjamin M. Alonzo, Salary Grade 28, the then Vice-Governor of Bataan, Edgardo P. Calimbas, Salary Grade 27, Board Member of Bataan, Fernando C. Austria, Salary Grade 27, Former