G.R. No. 183141 - EDGARDO H. CATINDIG, VS. THE PEOPLE OF THE PHILIPPINES AND ATTY. DANIEL P. FANDIÑO, JR.. D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the audit team made the following recommendations: (1) that the CWD make a re-evaluation of the benefits and allowances granted to its Board of Directors, officers and employees to ensure that the same were authorized and within the limits allowed under existing laws and regulations; and (2) that the LWUA should adhere to the law, particularly Presidential Decree No. 198, as amended, in regulating the grant of benefits and allowances to the CWD Board of Directors, officials and employees to ensure that the same are within the authorized limits. On the basis thereof, petitioner filed on 7 July 2004 a Complaint before the Office of the Ombudsman for Luzon (Ombudsman) against private respondent and the other members of the Board of Directors of CWD for a series of acts of gross violation of Section 3(i) [11] of Republic Act No. 3019, as amended, in conspiracy with one another, and in relation to their duties as public officers of CWD, with a prayer for immediate preventive suspension against all of them. The said Complaint was docketed as OMB-L-C-04-0709-H. After going over the records, the Ombudsman was convinced that the findings of fact made by the COA audit team can sustain charges for violation of Section 3(e) of Republic Act No. 3019, as amended, against private respondent and the other members of the Board of Directors of CWD. The Ombudsman then issued a Resolution [12] dated 26 August 2005 recommending the filing of two Informations, [13] both for violation of Section 3(e) of Republic Act No. 3019, as amended, against private respondent and the other members of the Board of Directors of CWD. [14] Thereafter, two Informations, both dated 26 August 2005, were filed against private respondent and the other members of the Board of Directors of CWD -- both for violation of Section 3(e) of Republic Act No. 3019, as amended -- before the RTC of Calamba City. The first Information, docketed as Criminal Case No. 13850-05-C, [15] was raffled to Branch 35 of the RTC of Calamba City; while the other Information, docketed as Criminal Case No. 13851-05-C [16] was raffled to Branch 36 thereof. The Information docketed as Criminal Case No. 13850-05-C, the subject of this Petition, reads: That on or about the period from 1993-2001, or sometime prior or subsequent thereto, in the Municipality of Calamba, Province of Laguna, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, [ATTY. FANDIÑO], VIVENCIO P. LEUS, SYLVIA V. TANCANGCO, SEVERINO M. ARAMBULO , public officers, being members of the Board of Directors of [CWD], while in the performance of their official functions, committing the crime charged in relation to their office, and taking advantage of the same, through manifest partiality, evident bad faith or gross inexcusable negligence, did then and there willfully, unlawfully and feloniously allow and grant unto themselves the total amount of P4,378,908.00 as benefits consisting of director's fee, RATA,