G.R. No. 254886 - PEOPLE OF THE PHILIPPINES, VS. ROBERT G. LALA, PUREZA A. FERNANDEZ, AGUSTINITO P. HERMOSO AND GERARDO S. SURLA, ACCUSED-.

Ruling

WHEREFORE , in light of all the foregoing, judgment is hereby rendered as follows: (1) In Criminal Case No. SB-08-CRM-0270 (Contract ID No. 06HO0008) , for failure of the prosecution to prove their guilt beyond reasonable doubt, accused ROBERT GINGGIN LALA, MARLINA SANCHEZ ALVIZO, PUREZA ANUNCIADO FERNANDEZ, CRESENCIO TOCMO BAGOLOR, AGUSTINITO PAGE HERMOSO, LUIS ABREGANA GALANG, BUENAVENTURADA CONOL PAJO, AYAON SOGADOR MANGGIS, MARILYN ABRIO OJEDA , and GERARDO SISON SURLA are hereby ACQUITTED of the offense of violation of Section 3(e) of RA 3019. As the act or omission from which the civil liability might arise did not exist, no civil liability may be adjudged against the accused. The hold departure order issued against the accused by reason of this case is hereby lifted and set aside, and the bond posted for their provisional liberty is ordered released, subject to the usual auditing and accounting procedures. (2) In Criminal Case No. SB-12-CRM-0006 (Contract ID No. 06HO0048) , accused ROBERT GINGGING LALA, PUREZA ANUNCIADO FERNANDEZ, AGUSTINITO PAGE HERMOSA and GERARDO SISON SURLA are hereby found GUILTY beyond reasonable doubt of violation of Section 3(e) of RA 3019 and sentenced to suffer the indeterminate penalty of imprisonment of six (6) years and one (1) month, as minimum, up to eight (8) years, as maximum , with perpetual disqualification from public office. Since no payment was released by the government with respect to the subject contract, no civil liability is adjudged against the accused. On the other hand, for failure of the prosecution to prove their guilt beyond reasonable doubt, accused MARLINA SANCHES ALVIZO, CRESENCIO TOCMO BAGOLOR, LUIS ABREGANA GALANG, AYAON SOGADOR MANGGIS, MARILYN ABRIO OJEDA , and TERESA BALDO BERNIDO are hereby ACQUITTED of the offense of violation of Section 3(e) of RA 3019. As the act or omission from which the civil liability might arise did not exist, no civil liability may be adjudged against these accused. The hold departure order issued against them by reason of this case is hereby lifted and set aside, and the bond posted for their provisional liberty is ordered released, subject to the usual auditing and accounting procedures. SO ORDERED . [19] (Emphases in the original) In convicting accused-appellants Lala, Fernandez, and Hermoso in Criminal Case No. SB-12-CRM-0006, the Sandiganbayan found that they illegally and prematurely entered into the MOU with GAMPIK. [20] The Sandiganbayan noted that, during trial, it was established that the MOU (authorizing GAMPIK to immediately proceed with the project and DPWH Region 7 guaranteeing payment therefor) between the DPWH Region 7 and GAMPIK was executed on November 22, 2006. However, records reveal that the Dropping and Opening of Bids for Contract ID No. 06HO0048 where GAMPIK was determined to be the lowest bidder was held only on November 28, 2006. [21] Thus, the Sandiganbayan observed that GAMPIK was already predetermined to be the winning bidd