G.R. No. 218652 - RODRIGO DERIQUITO VILLANUEVA, VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , judgment is hereby rendered finding accused FRANKIE H. LOCSIN, CARLOS C. MORENO, JR., RAMON T. TIRADOR, LUZVIMINDA P. FIGUEROA, RICARDO S. MINURTIO and RODRIGO S. VILLANUEVA GUILTY beyond reasonable doubt as charged in the Information and sentencing each of them to suffer the indeterminate penalty of six (6) years and one (1) month as minimum to ten (10) years as maximum, and to suffer perpetual disqualification from public office, and to proportionately pay the cost. For failure of the prosecution to present evidence to establish damage or injury and/or the amount thereof suffered by the government as a result of the said procurement of medicines, no civil liability is assessed against the herein accused. SO ORDERED . [31] The Sandiganbayan found that all the accused conspired with each other and were guilty of violation of Section 3(e) of RA 3019 for awarding the contracts for the purchase of medicines to the business entities of petitioner, Europharma, and Mallix Drug, with deliberate intent, manifest partiality and evident bad faith, thereby giving petitioner unwarranted benefit, advantage, or preference. The signatures of the committee members' in the Minutes of Meeting, the undue haste in the delivery of the medical supplies, and the speed by which the payments were made, even without the required 10% performance bond, and the irregularities found in the qualification and accreditation of Europharma and Mallix Drug, reveal the manifest partiality and evident bad faith of the public officials charged and that of the petitioner. [32] As regards petitioner, the Sandiganbayan found him to have conspired with the accused public officials in the perpetuation of the crime charged based on his conduct prior, during, and after the bidding that took place. [33] All the accused moved for the reconsideration of the Sandiganbayan's ruling but the same was denied in its June 8, 2015 Resolution. [34] Thus, petitioner filed this petition for review on certiorari [35] raising the following - Issues I. THE HONORABLE SANDIGANBAYAN SERIOUSLY ERRED IN CONVICTING THE ACCUSED FOR SUPPOSED VIOLATIONS NOT STATED UNDER THE FATALLY AMENDED INFORMATION DATED 7 JANUARY 2009. II. THE HONORABLE SANDIGANBAYAN SERIOUSLY ERRED IN CONVICTING THE ACCUSED UNDER COA CIRCULAR NO. 92-386, WHEN IT IS NOT A PENAL LAW. III. THE HONORABLE SANDIGANBAYAN SERIOUSLY ERRED IN FINDING THAT ACCUSED MEMBERS OF THE COMMITTEE ON AWARDS RAILROADED THE PROCUREMENT OF THE SUBJECT MEDICINES, WHEN SAID ACCUSED ACTED ONLY IN ACCORDANCE WITH ITS NATURE AS AN EMERGENCY PROCUREMENT. IV. THE HONORABLE SANDIGANBAYAN SERIOUSLY ERRED IN DISREGARDING SECTION 368 OF R.A. 7160 WHICH ALLOWS EMERGENCY PURCHASES WITHOUT PUBLIC BIDDING. V. THE HONORABLE SANDIGANBAYAN SERIOUSLY ERRED WHEN IT DISREGARDED THE STATUTORY PERSONALITY OF THE LEAGUE OF MUNICIPALITIES OF THE PROVINCE OF ILOILO WHEN IT RULED THAT THE ACCUSED PUBLIC OFFICERS ACTED IN DISCHARGE OF THEIR DUTIES AS MUNICIPAL OFFICERS. VI. THE HONOR