G.R. No. 152789 - ATTY. ISAGANI B. RIZON, VS. HON. ANIANO A. DESIERTO, IN HIS CAPACITY AS THE OMBUDSMAN.DECISION - Supreme Court E-Library

Ruling

Accordingly, on September 18, 2000, an Information for violation of the Anti-Graft and Corrupt Practices Act was filed with the Sandiganbayan , docketed as Criminal Case No. 26266. The accusatory portion of the charge sheet reads: That on or about 13, 14, 16 and 17 April 1998 or thereabout, in the Municipality of Baroy, Lanao del Norte, Philippines, and within the jurisdiction of this Honorable Court, accused Isagani B. Rizon, a high-ranking public officer, being then the Municipal Mayor of Baroy, Lanao del Norte, committing the offense in relation to his office, acting with evident bad faith, did then and there willfully, unlawfully and feloniously, make it appear that he purchased Five Hundred Fifty-Two (552) sacks of rice from Belmas Store without the required SB Resolution authorizing its purchase, then negotiated with the said store for the issuance of blank receipts in order to make it appear that 552 sacks of rice were delivered to the Municipality of Baroy in the total amount of Four Hundred Fifty-Eight Thousand, One Hundred Sixty Pesos (P458,160.00) when in truth and in fact, as the accused very well knew only about Fifty (50) to Sixty (60) sacks of rice were purchased and delivered to the municipality, thereby causing undue injury to the community and to the government. CONTRARY TO LAW. [6] On October 18, 2000, petitioner filed a Motion for Reinvestigation, which the Sandiganbayan granted. Petitioner presented new evidence consisting of copies of a certified weather information on the El Niñ o occurrence over Lanao del Norte during the period 1997-1998; a copy of the Special Rainfall Assessment for Mindanao during the 1997-1998 El Niño episode; a map showing rainfall extreme index in areas with severe drought impact; a copy of the overview record of rainfall deficit all over the country; and a copy of the municipal board resolution implementing the annual budget for calendar year 1998. [7] Petitioner also submitted a copy of the audit report conducted by a team of government auditors. The audit report contained a motion for the dismissal of the criminal charge against petitioner for lack of factual basis, but recommended that petitioner, along with the municipal treasurer and engineer, be held jointly and solidarily liable for refund of the disallowed sum of P641,210.11. [8] The petitioner likewise presented again the affidavit [9] of Isabelo Seno, proprietor of Belmas Store. The affiant originally testified before the fact-finding committee that about 50 to 60 sacks of rice were purchased by petitioner, although he stressed that he was unsure of the actual quantity since there were other people who tended the store. Later, he recanted this testimony in his affidavit confirming, instead, that indeed 552 sacks of rice were purchased at P830/sack for a total of P458,160. After reinvestigation, Ombudsman Prosecutor Florita S. Linco, in a Memorandum [10] dated March 12, 2001, recommended the withdrawal of the Information and the dismissal