G.R. NO. 150194 - ROBERT TAYABAN Y CALIPLIP, FRANCISCO MADDAWAT Y TAYOBAN, ARTEMIO BALANGUE* Y LANGA, PRESENT: FRANCISCO MAYUMIS Y BAHEL AND QUIRINO PANA Y CUYAHEN, YNARES-SANTIAGO, J., VS. PEOPLE OF THE PHILIPPINES AND THE HONORABLE SANDIGANBAYAN.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, on motion duly seconded be it... RESOLVED, as it is hereby done to adopt this resolution manifesting this body's decision to uphold and maintain the trust and confidence of the people upon this body; RESOLVED, finally that this body agrees, and decides to demolish the erected structures for the purpose of erecting the Public Market building as identified and decided by this body; and further resolved as it is hereby done that this be a precedent for other future leaders. [5] On that same day, Tayaban and his co-petitioners, together with some men, proceeded to the construction site and demolished the structures and improvements introduced thereon. As a result, Pugong filed an Affidavit-Complaint [6] against herein petitioners. Subsequently, in an Information dated June 26, 1992, herein petitioners were charged with violation of Section 3(e) of Republic Act (R.A.) No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act. The accusatory portion of the Information reads: That on August 17, 1989 and for sometime prior or subsequent thereto, in the Municipality of Tinoc, Ifugao, Philippines and within the jurisdiction of this Honorable Court, the above-named accused Robert Tayaban, Municipal Mayor of Tinoc, Francisco Maddawat, Artemio Balangue, Francisco Mayumis and Quirino Pana, are all public officers being Municipal Councilors of Tinoc, Ifugao and in the performance of their official functions acting in evident bad faith and conspiring with each other, did then and there, willfully and unlawfully pass and unanimously approve Resolution No. 20, thereby vesting upon themselves powers and authority to demolish the half-finished Tinoc Public Market construction whereby respondents themselves personally and actually demolish [sic] it, to the damage and prejudice of the government particularly the Cordillera Executive Board, being the owner of the project. [7] Upon arraignment on December 14, 1992, herein petitioners pleaded not guilty. [8] After trial, the Sandiganbayan promulgated the presently assailed Decision, [9] the dispositive portion of which reads: WHEREFORE, premises considered, judgment is hereby rendered convicting all the accused ROBERT TAYABAN Y CALIPLIP, FRANCISCO MADDAWAT Y TAYOBAN, ARTEMIO BALANGUE Y LANGA, FRANCISCO MAYUMIS Y BAHEL and QUIRINO PANA Y CUYAHEN of the crime of Violation of Section 3 (e) of Republic Act No. 3019 as amended, and in the absence of mitigating and aggravating circumstances and applying the Indeterminate Sentence Law, herein accused are hereby sentenced to suffer the indeterminate penalty of imprisonment of six (6) years and one (1) month as minimum to eight (8) years as maximum and are hereby ordered jointly and severally to pay the government the amount of P134,632.80 without subsidiary imprisonment in case of insolvency. SO ORDERED.