G.R. No. 138093 - PEOPLE OF THE PHILIPPINES AND IGNACIO SALMINGO, VS. EDWIN D. VELEZ (CITY MAYOR), ELI G. ALMINAZA (CITY ACCOUNTANT), ARTURO J. SIASON (ACTING CITY TREASURER), ELADIO S. MONDRAGON, JR. (CITY ENGINEER), ALL OF SILAY CITY.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, above premises considered, the undersigned respectfully recommends the FILING of INFORMATION for violation of Section 3, paragraph (g), of Republic Act No. 3019, as amended, against respondents City Mayor EDWIN D. VELEZ, City Engineer ELADIO S. MONDRAGON, JR., Acting City Treasurer ARTURO J. SIASON, and City Accountant ELI G. ALMINAZA before the proper court. Further recommending, however, the DISMISSAL of the other criminal charges against said respondents. Recommending furthermore the DISMISSAL of the complaint against respondent City Budget Officer SALVADOR G. ASCALON, JR. [6] The Resolution was approved by the Ombudsman on October 17, 1997. [7] On October 22, 1997, the corresponding Information was filed against said respondents with the SB and raffled to the fourth division thereof. The Information reads: That on or about the 6th day of February, 1995, and for sometime prior and subsequent thereto, at Silay City, Province of Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, above-named accused, public officers, having been duly elected, appointed and qualified to such public positions above-mentioned, in such capacity and committing the offense in relation to office, taking advantage of their public positions, conniving and confederating together and mutually helping with each other, with deliberate intent, with intent of gain and to defraud, did then and there willfully, unlawfully and feloniously enter into a transaction for and in behalf of the City of Silay, Negros Occidental, with YY and Company, Cebu City relative to the purchase of a rock crusher and related heavy equipment, consisting of the following: One (1) unit Payloader (aux-equipt. For Rock Crusher) ................................................. P1,640,000.00 One (1) unit Bulldozer (Caterpillar) ................................................... 3,445,000.00 One (1) unit Dump Truck, 10 Wheeler Fuso, left hand drive ...................................................... 1,438,000.00 Component for Rock Crusher (80/100 cu.m.) (Jaw Crusher, Cone Crusher, 4-set Belt Conveyor and Vibrating Screen) ........................................... 5,115,000.00 P11,638,000.00 and consequently paid or caused the payment of said equipment to YY & Company in the total amount of P11,638,000.00, Philippine Currency, which transaction was manifestly and grossly disadvantageous to the government, particularly the City of Silay, as the prices of said equipment exceeded the prevailing market prices and these suffered from several defects ranging from leaking air compressor, assembly and governor throttle, lack of plow bolts, defective oil seal at bucket cylinder, defective waking light, plate light, front signal light, rear stop light, dented mudguard, rotten cab siding, rotten wood black/spacer of dump body, capacity not in accordance with purchase order, some equipment components installed were second hand or of different brand and no parts and main