G.R. No. 231144 - REPUBLIC OF THE PHILIPPINES, VS. SANDIGANBAYAN (SPECIAL SECOND DIVISION) AND LEONARDO B. ROMAN.

Ruling

WHEREFORE, the petition is PARTLY GRANTED. The Resolution dated May 30, 2006 and the Order dated October 9, 2009 of the Office of the Ombudsman in OMB-L-C-05-0084-A, insofar as they dismissed the criminal charge against respondents Leonardo B. Roman, Romeo L. Mendiola, Pastor P. Vichuaco, Aurora J. Tiambeng, and Numeriano G. Medina (respondents), for Malversation of Public Funds through Falsification of Public Documents, are AFFIRMED. However, the said Resolution and Order, insofar as they dismissed the criminal charge against respondents for violation of Section 3(e), Republic Act No. (RA) 3019 of the "Anti-Graft and Corrupt Practices Act" are REVERSED and SET ASIDE. The Ombudsman is ORDERED to filed in the proper court the necessary information for violation of Section 3(e), RA 3019 against respondents. Finally, for reasons herein discussed, the criminal charge against respondents for Technical Malversation is DISMISSED, without prejudice to its proper re-filing. [17] Hence, on February 13, 2015, the Office of the Ombudsman filed an Information before the Sandiganbayan, charging Roman and his co-accused. [18] The Information reads: That from April 30 to June 2, 2004, or sometime prior or subsequent thereto, in the Province of Bataan, Philippines, and within the jurisdiction of this Honorable Court, accused Provincial Governor Leonardo B. Roman, Executive Assistant Romeo L. Mendiola, Provincial Treasurer Pastor P. Vichauco, Provincial Budget Officer Aurora Tiambeng and Provincial Accountant Numeriano G. Medina, all of the Province of Bataan, Philippines, all public officers, committing the crime charged in relation to their duties and taking advantage of their official positions, acting with evident bad faith, manifest partially or at the very least, gross inexcusable negligence, and conspiring and confederating with each other, did then and there, willfully, unlawfully and criminally caused undue injury to the government and give unwarranted benefit, advantage or preference to V.F. Construction, by awarding a contract for the construction of a Mini-Theater Project, and causing the disbursement/payment/release of public funds in the amount of THREE MILLION SIX HUNDRED SIXTY THOUSAND PESOS (Php3,660,000.00) in favor of V.F. Construction, despite the fact that the project was not completed and notwithstanding the absence of a valid allotment and/or appropriation for the said project as found by the Commission on Audit (COA) in its Audit Observation Memorandum (AOM), which rendered all accused's authorizations, approval and/or certification for the payment thereof irregular and illegal, in violation of pertinent laws and government auditing and accounting rules and regulations, thereby causing undue injury to the government in the aforesaid amount and giving unwarranted benefits, advantage of preference to V.F. Construction, to the damage and prejudice of the government. CONTRARY TO LAW. [19] Roman moved for the reconsideration of this Court's Deci