19.garcia v. SAndiganbayan 507 SCRA 258 PDF

FIRST DIVISION
[G.R. No. 155574. November 20, 2006.]

TIMOTEO A. GARCIA, petitioner, vs. SANDIGANBAYAN, respondent.
DECISION
CHICO-NAZARIO, J :
p
Before Us is a Petition for Review on Certiorari under Rule 45 of the Rules of Court
which seeks to set aside and nullify the Decision 1 of the Sandiganbayan dated 6
May 2002 which convicted petitioner Timoteo A. Garcia of 56 counts of violation of
Section 3(b) of Republic Act No. 3019, as amended, otherwise known as the "AntiGraft and Corrupt Practices Act," in Criminal Cases Nos. 24042 to 24098 (except
24078), and its Resolution 2 dated 2 October 2002 denying petitioner's Motion for
Reconsideration.
The instant case stemmed from the Complaint of Maria Lourdes Miranda against
petitioner, then Regional Director, Land Transportation Oce (LTO), Region X,
Gilbert G. Nabo and Nery Tagupa, employees of the same oce, for violation of the
Anti-Graft and Corrupt Practices Act for their alleged frequent borrowing of motor
vehicles from Oro Asian Automotive Center Corporation (Company). Finding
probable cause for violation thereof, Graft Investigation Ocer II Gay Maggie F.
Balajadia-Violan recommended that petitioner, Gilbert G. Nabo and Nery Tagupa be
indicted for violation of Section 3(b) of Republic Act No. 3019, as amended.
On 14 August 1997, 57 Informations were led with the Sandiganbayan against
petitioner, Gilbert G. Nabo and Nery Tagupa for violation of Section 3(b) of Republic
Act No. 3019, as amended. The Information in Criminal Case No. 24042 reads:
That on or about the period covering January 9, 1993 to January 10, 1993 or
sometime prior thereto, in Cagayan de Oro City, Philippines, within the
jurisdiction of this Honorable Court, the said accused, TIMOTEO A. GARCIA,
GILBERT G. NABO and NERY TAGUPA, being then public ocers or
employees of the Land Transportation Oce (LTO), Cagayan de Oro City,
taking advantage of their respective ocial positions, and conspiring,
confederating and mutually helping one another and with intent to gain
personal use or benefit, did then and there willfully, unlawfully and feloniously
borrow One (1) unit Asian Automotive Center's Service Vehicle Fiera Blue
KBK-732, in good running condition, spare tire, tools from Oro Asian
Automotive Corporation, which is engaged in the business of vehicle
assembly and dealership in Cagayan de Oro City, knowing that said
corporation regularly transacts with the accused's LTO Oce for the
registration of its motor vehicles, in the reporting of its engine and chassis
numbers as well as the submission of its vehicle dealer's report and other
similar transactions which require the prior approval and/or intervention of

the said accused Regional Director and employees and/or their said LTO
oce in Cagayan de Oro City, to the damage and prejudice of and undue
injury to said Oro Asian Automotive Corporation, including complainant Maria
Lourdes Miranda. 3
The fty-six other Informations are similarly worded except for the alleged dates of
commission of the oense, and the types/descriptions of the vehicles allegedly
borrowed by them. The pertinent data in the other informations are as follows:
CASE NUMBER
DATE OF COMMISSION
VEHICLE
24043
January 16, 1993 to
January 17, 1993
TYPE/DESCRIPTION OF
One (1) unit FIERA BLUE
24044
January 23, 1993 to
January 24, 1993
KBK-732, service vehicle of
Asian Automotive Center, in
good running condition with
tools, spare tire
24045
February 6, 1993 to
February 7, 1993
KBK-732, in good running
condition with tools
24046
February 13, 1993 to
February 14, 1993
KBK-732, in good running
condition
24047
March 13, 1993 to
One (1) unit TOYOTA
March 14, 1993
TAMARAW yellow, KBN156, in good running
condition, with tools and
spare tire
24048
Morning of March 20,
One (1) unit TOYOTA
1993 to afternoon of
HSPUR YELLOW KBN-156,
March 20, 1993
with spare tools, in good
condition
24049
Morning of March 27,
One (1) unit TAMARAW
HSPUR, yellow in color,
March 27, 1993
KBN-156, in good condition,
with spare tire, with jack and
tire wrench
24050
April 24, 1993 to
April 25, 1993
HSPUR, Yellow in color,
KBN-156, in good condition,
with spare tire, jack and tire
wrench
24051
April 25, 1993 and have
One (1) unit AERO D VAN
been returned after use
KBN-865, maroon in color
Asian Automotive Center's
Vehicle, in good running
condition, with spare tire,
tools, jack and tire wrench

24052
May 15, 1993 to
One (1) unit TOYOTA Fierra,
May 16, 1993
yellow in color, engine no.
4k-0907126, chassis no.
CMCI-109247-C, in good
condition, jack, spare tire, tire
wrench
24053
May 29, 1993 to
May 30, 1993
HSPUR, KBN-156, yellow in
color, in good running
condition, w/spare tire, jack
and tire wrench
24054
June 5, 1993 to
June 6, 1993
and tire wrench
24055
June 19, 1993 to
June 20, 1993
and tire wrench
24056
June 26, 1993 to
morning of June
26, 1993
and tire wrench
24057
July 17, 1993 to
July 18, 1993
and tire wrench
24058
July 31, 1993 to
August 1, 1993
HSPUR, KBN-156, yellow
in color, in good running
and tire wrench
24059
July 24, 1993 to
July 25, 1993
and tire wrench
24060
August 7, 1993 to
August 8, 1993
and tire wrench
24061
August 14, 1993 to
August 15, 1993

and tire wrench
24062
August 21, 1993 to
August 22, 1993
and tire wrench
24063
September 4, 1993 to
One (1) unit AERO D
September 5, 1993
HSPUR, KBP-375, white in
color, with engine no.
C190-484232, Chassis no.
SMM90-6787-C, in good
running condition upholstered
seats
24064
Morning of September 11,
One (1) unit AERO D
1993 to evening of
September 11, 1993
condition, upholstered seats,
jack, tire wrench, spare tire
24065
One (1) unit AERO D
September 19, 1993
HSPUR, KBP-375, in good
running condition,
upholstered seats, side view
mirrors, rear view mirror,
jack w/handle, tire wrench,
seats
24066
One (1) unit AERO D
September 26, 1993
HSPUR, KBP-375, good
running condition,
seats
24067
October 23, 1993 to
One (1) unit AERO D
October 24, 1993
running condition,
seats
24068
October 30, 1993 to
One (1) unit ISUZU, NNJOctober 31, 1993
917, white in color, in good
running condition, side view
mirror, jack w/tire wrench
24069
November 6, 1993 to
One (1) unit AERO D
November 7, 1993
running condition,
seats
24070
November 13, 1993 to
One (1) unit AERO D
November 14, 1993
running condition,
seats
24071
One (1) unit AERO D-II
November 28, 1993
running condition, jack
w/handle, tire wrench,
spare tire
24072
December 4, 1993 to
December 5, 1993
w/handle, tire wrench, spare
tire
24073
December 11, 1993
One (1) unit AERO D
to December 12, 1993
HSPUR, white in color,
KBP-375, full in dash
instrumentation, jack
w/handle, tire wrench in good
running condition
24074
December 18, 1993 to
One (1) unit AERO D
December 19, 1993
running condition
24075
January 8, 1994 to
One (1) unit AERO
January 9, 1994
D HSPUR, white in color,
running condition
24076
Morning of January
One (1) unit AERO D
15, 1994 to late afternoon
of January 15, 1994
w/handle, tire wrench in
good running condition.
24077
January 29, 1994 to
One (1) unit AERO D
January 30, 1994
color, w/o plate number
24078
Withdrawn per Court Resolution dated July 3, 1998, p.

103 Crim. Case # 24042
24079
February 5, 1994 to
One (1) unit AERO D
February 6, 1994
good running condition
24080
February 13, 1994
tire
24081
One (1) unit AERO D
February 27, 1994
24082
March 4, 1994 to
One (1) unit AERO D
March 5, 1994
24083
March 12, 1994 to
One (1) unit AERO D
March 13, 1994
24084
March 19, 1994 to
One (1) unit AERO D
March 20, 1994
instrumentation, in good
running condition, with jack,
tire wrench, spare tire.
24085
April 9, 1994 to
One (1) unit AERO D
April 10, 1994
24086
April 30, 1994 to
One (1) unit AERO D
May 1, 1994
24087
May 7, 1994 to
One (1) unit AERO D
May 8, 1994

24088
May 14, 1994 to
One (1) unit AERO D
May 15, 1994
24089
May 21, 1994 to
One (1) unit AERO D
May 22, 1994
24090
June 4, 1994 to
June 5, 1994
tire
24091
June 11, 1994 to
June 12, 1994
tire
24092
June 17, 1994 to
June 19, 1994
tire
24093
July 2, 1994 to
One (1) unit AERO D
July 3, 1994
24094
July 23, 1994 to July 24, 1994

One (1) unit AERO D
24095
August 25, 1994 to
One (1) unit AERO D VAN
August 28, 1994
with engine no. C190542416, chassis no.
SMM90-8370-C, full in dash
instrumentation, maroon in
color with plate no.
KBN-865, in good condition
24096
Morning of September 3,
One (1) unit AERO D
September 3, 1994
instrumentation, jack, tire

wrench, in good running
condition
24097
One (1) unit AERO D
September 18, 1994
instrumentation, in good
running condition
24098
One (1) unit AERO D
November 27, 1994
good running condition 4
On 22 August 1997, the Sandiganbayan issued orders for the arrest of the three
accused 5 and for the holding of their departure from the country. 6 On 6 October
1997, petitioner posted a consolidated surety bond for his provisional liberty. 7
In a resolution dated 3 July 1998, the withdrawal of the information in Criminal
Case No. 24078 was granted. 8
On 17 August 1998, when arraigned, petitioner and accused Tagupa, assisted by
counsel de parte, pleaded "not guilty" to the charges. 9 Accused Nabo remains at
large.
aAIcEH
On 15 October 1998, pre-trial was concluded. 10 Thereafter, trial ensued.

The evidence of the prosecution, as summarized by the Sandiganbayan, are as
follows:
ESTANISLAO BARRETE YUNGAO (hereinafter, "Yungao") declared that he
was employed as the driver and liaison ocer of the Oro Asian Automotive
Center Corporation (hereinafter, "the Company"), an establishment engaged
in the assembly of motor vehicles, during the period covering the years
1991 to 1995. As such, Yungao had to ocially report to the Land
Transportation Oce ("LTO") of Cagayan de Oro City all the engine and
chassis numbers prior to the assembly of any motor vehicle. In the process,
the Company had to secure from the LTO a Conduct Permit after a motor
vehicle has been completely assembled, for purposes of carrying out the
necessary road testing of the vehicle concerned. After the said road testing
and prior to its eventual sale/disposition, the vehicle has to be rst properly
registered with the LTO. Accused Garcia, in his capacity as the Director of
the LTO of Cagayan de Oro City, during all times relevant to the instant
cases, was the approving authority on the aforesaid reportorial
requirements and the signatory of the said Conduct Permits.
By reason thereof, Yungao knew accused Garcia since January of 1991.
Yungao would always personally talk to accused Garcia regarding the
issuance of the required Conduct Permit for any newly assembled vehicle.
Yungao would secure from accused Garcia as many as 30 to 40 of such
permits in a year.
In the process, accused Garcia would regularly summon Yungao to his office
to tell him to inform either Aurora or Alonzo Chiong, the owners of the
Company, that he (accused Garcia) would borrow a motor vehicle for
purposes of visiting his farm. When Yungao could not be contacted,
accused Garcia would personally call up the Company and talk to the owners
thereof to borrow the vehicle. Accused Garcia conded to Yungao that he
could not utilize the assigned government vehicle for his own personal use
during Saturdays and Sundays. It was for this reason that he had to borrow
vehicles from the Chiongs to enable him to visit his farm.
Yungao maintained that accused Garcia had been regularly borrowing motor
vehicles from the Chiongs during the period covering January of 1993 up to
and until November of 1994. Accused Garcia would always ask his
representative to take the Company's vehicle on a Saturday morning.
However, Yungao never reported for work on Saturdays; thus, he was not
the one who actually released the borrowed motor vehicles to the
representative of accused Garcia. Nonetheless, Yungao would be aware of
the fact that accused Garcia borrowed the vehicles requested because, for
every such instance, a corresponding delivery receipt is issued, which is
placed on top of his table for him to place in the Company's record les on
the following working day. The numerous delivery receipts would show and
indicate the actual number of times accused Garcia had borrowed vehicles
from the Company.
Finally, Yungao identied the adavit which he executed in connection with
the subject cases.
On cross-examination, Yungao testied that it was his duty to keep the
permits relating to the road testing of the motor vehicles assembled by the
Company. These permits were secured by him from accused Garcia before
the vehicles were eventually put on display or presented to potential buyers.
Although there was a Regulation Ocer at the LTO before whom the
request for the issuance of a Conduct Permit is to be presented, Yungao
was often told to go straight up to the room of accused Garcia so that the
latter could personally sign the said permit. It was only when accused Garcia
is absent or is not in oce that the papers submitted to the LTO were
attended to by his assistant.
Yungao testied that accused Garcia would always make his request to
borrow the Company's motor vehicle verbally and on a Friday. However,
Yungao admitted that he was not very familiar with the signature of accused
Garcia, and that the latter's signature did not appear in any of the delivery
receipts.
CaDSHE
During all these years, Yungao could only recall one (1) instance when
accused Garcia failed to approve the Company's request, and this was a
request for an extension of the usual "5-day road test" period granted to the
Company. Nonetheless, the Company found the said disapproval to be
acceptable and proper.
On questions propounded by the Court, Yungao testied that the names

and signatures of the persons who actually received the Company's vehicles
were reected on the faces of the delivery receipts. However, Yungao does
not recognize the signatures appearing on the said delivery receipts,
including those purportedly of accused Tagupa, because Yungao was not
present when the vehicles were taken.
The prosecution had intended to present another witness in the person of
Ms. Ma. Lourdes V. Miranda (hereinafter, "Miranda"), who was present at the
time Yungao testied. Prior to her presentation, however, the parties agreed
to enter into stipulations and admissions. Thus, it was stipulated that
Miranda was the mother of a child named Jane, who was run over and killed
in a vehicular accident; that the driver of the ill-fated motor vehicle was
accused Nabo; that Miranda, thereafter, successfully traced the said vehicle
and eventually discovered the existence of numerous delivery receipts in the
les and possession of the Company; and that said discovery led to the
institution of the subject criminal cases against herein accused. As a result
of such admissions and stipulations, the proposed testimony of Miranda
was, thereafter, dispensed with.
AURORA J. CHIONG (hereinafter, "Chiong") declared that she is the VicePresident and General Manager of the Company, a business establishment
engaged in the assembly of motor vehicles. In the process, the Company
has to submit a Dealer's Report to the LTO prior to the assembly of a motor
vehicle. After the assembly is completed, the Company has to secure a
permit from the LTO for purposes of conducting the necessary road testing
of the newly assembled motor vehicle.
In 1993, accused Garcia was the Regional Director of the LTO in Cagayan de
Oro City. He was the ocer who approves the needed Conduction Permit of
newly assembled motor vehicles. He was also the LTO ocer who approves
and signs the Company's annual LTO Accreditation Certificate.
Chiong recounted that accused Garcia has a farm, and that he would need a
vehicle to transport water thereto. For this purpose, he would, on a weekly
basis, borrow from the Company a motor vehicle, either by asking from
Chiong directly through telephone calls or through Yungao, her Liaison
Ocer. Everytime accused Garcia would borrow a motor vehicle, the
Company would issue a delivery receipt for such purpose, which has to be
signed by the person whom accused Garcia would send to pick up the
motor vehicle. Chiong was usually the company ocer who signed the
delivery receipt for the release of the borrowed motor vehicle to the
representative of accused Garcia. When she was not in oce, she would
authorize her personnel to place [their] initials on top of her name. On
several occasions, Chiong had seen accused Nabo axing his signature on
the delivery receipt before taking out the borrowed motor vehicles. Chiong
was very sure that the driver who picked up the motor vehicle from the
Company was the personnel of accused Garcia because the latter would
always call her up rst before sending his representative to get a vehicle.
Chiong was likewise very familiar with the voice of accused Garcia because
she had been dealing with him for a long period of time already, and all the
while she had always maintained a cordial relationship with him.
On questions propounded by the Court, Chiong testified that accused Garcia

would ask his driver to get a vehicle on a Saturday at around 6:30 o'clock in
the morning. He would return it in the late afternoon of the same day. There
was only one instance when accused Garcia returned the motor vehicle on
the day after, and this was the time when the said vehicle had gured in a
vehicular accident which resulted in the death of a certain Jane, the daughter
of Miranda. Chiong was not the complainant in the said vehicular accident
case because she could not aord to oend or antagonize accused Garcia,
and she had always considered the lending of motor vehicles to accused
Garcia as a public relation thing.
CSDTac
Chiong claried that the subject motor vehicles occasionally borrowed by

accused Garcia were all company service cars and not newly assembled
vehicles. Finally, she testied that she gets irritated whenever accused
Garcia would ask for a vehicle at a time when she herself would also need it.
However, under the circumstances, she had to give in to his request. 11
For the defense, petitioner took the witness stand, while accused Tagupa did not
present any evidence.
Petitioner testied that he was the Regional Director of the 10th Regional Oce of
the LTO from August, 1987 to December, 1994. He downright denied borrowing any
motor vehicle from the Company arguing that his signatures never appeared in the
Delivery Receipts 12 submitted by the prosecution. 13 He admitted, though, that the
Company has been continually transacting business with his oce properly and
ocially, and has not, even for a single instance, violated any rules with respect to
assembly of motor vehicles, and that there was no reason for the owners of the
Company to harbor any ill-feelings against him. 14 He further admitted that he had
known Atty. Aurora Chiong, Vice-President and General Manager of the Company,
even before he became Regional Director when he was still the Chief of the
Operations Division. 15 He added that employees of the LTO are used to borrowing
vehicles from their friends and that this practice has been going on prior to his being
Regional Director. He claimed he repeatedly warned his subordinates about the
illegality of the same but they merely turned a deaf ear. 16 Lastly, he said his driver,
accused Nabo, had, on several occasions, driven motor vehicles and visited him at
his farm, and that he rode with him in going home without allegedly knowing that
the vehicles driven by Nabo were merely borrowed from his (Nabo) friends. 17
On 6 May 2002, the Sandiganbayan promulgated the assailed decision convicting
petitioner of fty-six counts of violation of Section 3(b) of Republic Act No. 3019, as
amended. Accused Tagupa was acquitted, while the cases against accused Nabo,
who remained at large, were archived. The decretal portion of the decision reads:
WHEREFORE, judgment is hereby rendered nding accused TIMOTEO A
GARCIA GUILTY beyond reasonable doubt of fty-six (56) counts of violation
of Section 3(b) of Republic Act No. 3019, otherwise known as The Anti-Graft
and Corrupt Practices Act. Accordingly, said accused is hereby sentenced

to: (i) in each case, suer an indeterminate sentence of imprisonment for a
period of six (6) years and one (1) month, as minimum, to twelve (12) years
and one (1) month, as maximum; (ii) suer all accessory penalties
consequent thereto; and (iii) pay the costs.
With respect to accused NERY TAGUPA, by reason of the total lack of any
evidence against him, he is hereby ACQUITED.
As for accused Gilbert G. Nabo, considering that he remained at large and
jurisdiction over his person had yet to be acquired, let the case as against
him be achieved. 18
Petitioner is now before us assigning as errors the following:

1.
THE SANDIGANBAYAN ERRED IN HOLDING THAT ALL THE ELEMENTS

OF SECTION 3(B) OF REPUBLIC ACT NO. 3019 WERE PRESENT IN
CRIM. CASES NOS. 24042 TO 24098 (EXCEPT 24078) AND IN
FINDING THE HEREIN PETITIONER GUILTY OF FIFTY SIX (56) COUNTS
OF VIOLATION THEREOF;
2.
THE SANDIGANBAYAN ERRED IN FINDING THE HEREIN PETITIONER

GUILTY BEYOND REASONABLE DOUBT OF FIFTY SIX (56) COUNTS OF
VIOLATION OF SECTION 3(B) OF REPUBLIC ACT NO. 3019 ON THE
BASIS OF FATALLY DEFECTIVE INFORMATIONS WHEREIN THE FACTS
CHARGED NEVER CONSTITUTED AN OFFENSE;
3.
THE SANDIGANBAYAN ERRED IN FINDING THE HEREIN PETITIONER

GUILTY BEYOND REASONABLE DOUBT OF FIFTY SIX (56) COUNTS OF
VIOLATION OF SECTION 3(B) OF REPUBLIC ACT NO. 3019 ON THE
BASIS OF EVIDENCE WHICH IS INSUFFICIENT TO CONVICT (EVEN
FOR A SINGLE COUNT);
4.
THE SANDIGANBAYAN ERRED AND IN THE PROCESS VIOLATED THE

CONSTITUTIONAL AND LEGAL RIGHTS OF THE HEREIN PETITIONER
WHEN IT SUPPLIED THE DEFICIENCIES IN THE EVIDENCE OF THE
PROSECUTION WITH ASSUMPTIONS WHICH WERE NOT AT ALL
SUPPORTED BY THE EVIDENCE ON RECORD;
5.
THE SANDIGANBAYAN ERRED WHEN IT OBSERVED DIFFERENT

STANDARDS OF JUSTICE BY ACQUITTING THE PETITIONER'S COACCUSED TAGUPA AND CONVICTING THE HEREIN PETITIONER WHEN
THE SAME REASONING SHOULD HAVE LED ALSO TO THE ACQUITTAL
OF THE PETITIONER.
AIECSD
In any criminal prosecution, it is necessary that every essential ingredient of the

crime charged must be proved beyond reasonable doubt in order to overcome the
constitutional right of the accused to be presumed innocent. 19 To be convicted of
violation of Section 3(b) 20 of Republic Act No. 3019, as amended, the prosecution
has the burden of proving the following elements: (1) the oender is a public
ocer; (2) who requested or received a gift, a present, a share a percentage, or a
benet (3) on behalf of the oender or any other person; (4) in connection with a
contract or transaction with the government; (5) in which the public ocer, in an
official capacity under the law, has the right to intervene. 21
Petitioner maintains that not all the elements of Section 3(b) have been established
by the prosecution. Petitioner focuses primarily on the fourth element. He argues
that the prosecution failed to show the specic transactions of the Company with
the LTO of Cagayan de Oro that petitioner approved and/or intervened in so that he
could borrow from, or be lent by, the Company a vehicle. Inasmuch as he was
convicted by the Sandiganbayan of fty-six counts of violation of Section 3(b) for
allegedly borrowing the Company's vehicle fty-six times, the Sandiganbayan, he
stresses, should have at least pointed out what these transactions were. This,
petitioner claims, the Sandiganbayan failed to show with certainty in its decision.
Petitioner adds that the prosecution did not even attempt to introduce evidence to
show what contract or transaction was pending before the LTO over which
petitioner had the right to intervene being the Regional Director when, at the
period stated in all the fifty-six informations, he borrowed a vehicle.
We agree with petitioner that the prosecution miserably failed to prove the
existence of the fourth element. It is very clear from Section 3(b) that the
requesting or receiving of any gift, present, share, percentage, or benet must be in
connection with "a contract or transaction" 22 wherein the public ocer in his
ocial capacity has to intervene under the law. In the case at bar, the prosecution
did not specify what transactions the Company had with the LTO that petitioner
intervened in when he allegedly borrowed the vehicles from the Company. It is
insucient that petitioner admitted that the Company has continually transacted
with his oce. What is required is that the transaction involved should at least be
described with particularity and proven. To establish the existence of the fourth
element, the relation of the fact of requesting and/or receiving, and that of the
transaction involved must be clearly shown. This, the prosecution failed to do. The
prosecution's allegation that the Company regularly transacts with petitioner's LTO
Oce for the registration of its motor vehicles, in the reporting of its engine and
chassis numbers, as well as the submission of its vehicle dealer's report, and other
similar transactions, will not suce. This general statement failed to show the link
between the 56 alleged borrowings with their corresponding transactions.
Failing to prove one of the other elements of the crime charged, we nd no need to
discuss the presence or absence of the elements.
The next question to be resolved is: Can petitioner be convicted of any other crime
(i.e., Direct Bribery or Indirect Bribery) charged in the informations?
The crime of direct bribery as dened in Article 210 23 of the Revised Penal Code
consists of the following elements: (1) that the accused is a public ocer; (2) that
he received directly or through another some gift or present, oer or promise; (3)
that such gift, present or promise has been given in consideration of his commission
of some crime, or any act not constituting a crime, or to refrain from doing
something which it is his ocial duty to do; and (4) that the crime or act relates to
the exercise of his functions as a public ocer. 24 Thus, the acts constituting direct
bribery are: (1) by agreeing to perform, or by performing, in consideration of any
oer, promise, gift or present an act constituting a crime, in connection with the
performance of his ocial duties; (2) by accepting a gift in consideration of the
execution of an act which does not constitute a crime, in connection with the
performance of his ocial duty; or (3) by agreeing to refrain, or by refraining, from
doing something which is his ocial duty to do, in consideration of any gift or
promise. 25
In the case under consideration, there is utter lack of evidence adduced by the
prosecution showing that petitioner committed any of the three acts constituting
direct bribery. The two prosecution witnesses did not mention anything about
petitioner asking for something in exchange for his performance of, or abstaining to
perform, an act in connection with his ocial duty. In fact, Atty. Aurora Chiong,
Vice-President and General Manager of the Company, testied that the Company
complied with all the requirements of the LTO without asking for any intervention
from petitioner or from anybody else from said oce. 26 From the evidence on
record, petitioner cannot likewise be convicted of Direct Bribery.
aTEHIC
Can petitioner be found guilty of Indirect Bribery?

Indirect bribery is committed by a public ocer who shall accept gifts oered to him
by reason of his oce. The essential ingredient of indirect bribery as dened in
Article 211 27 of the Revised Penal Code is that the public ocer concerned must
have accepted the gift or material consideration. In the case at bar, was the
prosecution able to show that petitioner indeed accepted a gift from the Company?
The alleged borrowing of a vehicle by petitioner from the Company can be
considered as the gift in contemplation of the law. To prove that petitioner
borrowed a vehicle from the Company for 56 times, the prosecution adduced in
evidence 56 delivery receipts 28 allegedly signed by petitioner's representative
whom the latter would send to pick up the vehicle.
The prosecution was not able to show with moral certainty that petitioner truly
borrowed and received the vehicles subject matter of the 56 informations. The
prosecution claims that petitioner received the vehicles via his representatives to
whom the vehicles were released. The prosecution relies heavily on the delivery
receipts. We, however, nd that the delivery receipts do not suciently prove that
petitioner received the vehicles considering that his signatures do not appear
therein. In addition, the prosecution failed to establish that it was petitioner's
representatives who picked up the vehicles. The acquittal of one of the accused
(Nery Tagupa) who allegedly received the vehicles from the Company further
strengthens this argument. If the identity of the person who allegedly picked up the
vehicle on behalf of the petitioner is uncertain, there can also be no certainty that it
was petitioner who received the vehicles in the end.
Factual ndings of the Sandiganbayan are conclusive upon this Court except where:
(1) the conclusion is a nding grounded entirely on speculation, surmise and
conjectures; (2) the inference made is manifestly an error or founded on a mistake;

(3) there is grave abuse of discretion; (4) the judgment is based on misapprehension
of facts; and (5) the ndings of fact are premised on a want of evidence and are
contradicted by evidence on record. 29 In the case before us, we are constrained to
apply the exception rather than the rule. We nd that the ruling of the
Sandiganbayan that petitioners actually received the vehicles through his
representatives is grounded entirely on speculation, surmise, and conjectures, and
not supported by evidence on record. The certainty of petitioner's receipt of the
vehicle for his alleged personal use was not substantiated.
WHEREFORE, all the above considered, the petition is GRANTED. The Decision of
the Sandiganbayan in Criminal Cases Nos. 24042 to 24077 and 24079 to 24098 is
REVERSED and SET ASIDE. For insuciency of evidence, the petitioner is hereby
ACQUITTED of the crime charged in the informations. No costs.
SO ORDERED.
Panganiban, C.J., is in the result.

Ynares-Santiago, Austria-Martinez and Callejo, Sr., JJ., concur.
Footnotes
1.
Penned by Associate Justice Gregory S. Ong with Presiding Justice Francis E.

Garchitorena and Associate Justice Catalino R. Castaeda, Jr. concurring. Records,
Vol. 1, pp. 419-442.
2.
Id. at 494-496.
3.
Rollo, pp. 84-85.
4.
Id. at 38-43.
5.
Records, p. 42.
6.
Id. at 43.
7.
Id. at 70.
8.
Id. at 103.
9.
Id. at 119. Arraignment in Crim. Case No. 24046 was on 15 October 1998
(Record, p. 149). Per agreement of the parties, the agreement in all the other
cases, except in Crim. Case N. 24078, were adopted and deemed reproduced in
Crim. Case No. 24046, thus obviating the pre-trial in the latter case. Records, p.
153.
10.
Id. at 142-146.
11.
Rollo, pp. 44-49.
12.
Exhibits "A" to "DDD."
13.
TSN, 18 March 1999, pp. 18-20, 22.
14.
TSN, 18 March 1999, pp. 55-56.
15.
TSN, 18 March 1999, pp. 31-33.
16.
TSN, 18 March 1999, pp. 46-51.
17.
TSN, 18 March 1999, p. 44.
18.
Rollo, p. 59.
19.
People v. De Castro, G.R. Nos. 148056-61, 8 October 2003.
20.
SEC. 3. Corrupt practices of public ocers. In addition to acts or omissions of

public ocers already penalized by existing law, the following shall constitute
corrupt practices of any public officer and are hereby declared to be unlawful:
xxx xxx xxx
(b)
Directly or indirectly requesting or receiving any gift, present, share,
percentage, or benet, for himself or for any other person, in connection with any
contract or transaction between the Government and any other party, wherein the
public officer in his official capacity has to intervene under the law.
21.
Peligrino v. People, 415 Phil. 94, 117 (2001).
22.
A transaction, like a contract, is one which involves some consideration as in

credit transactions. Soriano, Jr. v. Sandiganbayan , G.R. No. L-65952, 31 July 1984,
131 SCRA 134.
23.
Art. 210. Direct bribery. Any public ocer who shall agree to perform an act
constituting a crime, in connection with the performance of his ocial duties, in
consideration of any oer, promise, gift or present received by such ocer,
personally or through, the mediation of another, shall suer the penalty of prision
mayor in its medium and minimum periods and a ne not less than three times the
value of the gift, in addition to the penalty corresponding to the crime agreed
upon, if the same shall have been committed.
If the gift was accepted by the ocer in consideration of the execution of an
act which does not constitute a crime, and the ocer executed said act, he shall
suer the same penalty provided in the preceding paragraph; and if said act shall
not have been accomplished, the ocer shall suer the penalties of prision
correctional, in its medium period and a ne of not less than twice the value of
such gift.
If the object for which the gift was received or promised was to make the public
ocer refrain from doing something which it was his ocial duty to do, he shall
suer the penalties of prision correctional in its maximum period to prision mayor
in its minimum period and a fine not less than three times the value of such gift.
In addition to the penalties provided in the preceding paragraphs, the culprit
shall suffer the penalty of special temporary disqualification.

The provisions contained in the preceding paragraphs shall be made applicable
to assessors, arbitrators, appraisal and claim commissioners, experts or any other
persons performing public duties. (As amended by B.P. Blg. 871, May 29, 1985.)
24.
Marifosque v. People, G.R. No. 156685, 27 July 2004, 435 SCRA 332, 340.
25.
Luis B. Reyes, The Revised Penal Code, Book 2, (15th ed., 2001) p. 210.
26.
TSN, 8 December 1998, p. 15.
27.
28.
29.
Art. 211. Indirect bribery. The penalties of prision correctional in its medium
and maximum periods, suspension and public censure shall be imposed upon any
public ocer who shall accept gifts oered to him by reason of his oce. (As
amended by B.P. Blg. 871, approved May 29, 1985).
Exhibits "A" to "DDD."
Soriquez v. Sandiganbayan , G.R. No. 153526, 25 October 2005, 474 SCRA 222,
231.

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FIRST DIVISION

[G.R. No. 155574. November 20, 2006.]

similar transactions which require the prior approval and/or intervention of

One (1) unit FIERA BLUE

tools, jack and tire wrench

in color, in good running

Withdrawn per Court Resolution dated July 3, 1998, p.

good running condition

July 23, 1994 to July 24, 1994

One (1) unit AERO D

instrumentation, jack, tire

On 15 October 1998, pre-trial was concluded. 10 Thereafter, trial ensued.

On questions propounded by the Court, Yungao testied that the names

while she had always maintained a cordial relationship with him.

On questions propounded by the Court, Chiong testified that accused Garcia

Chiong claried that the subject motor vehicles occasionally borrowed by

and Corrupt Practices Act. Accordingly, said accused is hereby sentenced

Petitioner is now before us assigning as errors the following:

THE SANDIGANBAYAN ERRED IN HOLDING THAT ALL THE ELEMENTS

THE SANDIGANBAYAN ERRED IN FINDING THE HEREIN PETITIONER

THE SANDIGANBAYAN ERRED IN FINDING THE HEREIN PETITIONER

THE SANDIGANBAYAN ERRED AND IN THE PROCESS VIOLATED THE

THE SANDIGANBAYAN ERRED WHEN IT OBSERVED DIFFERENT

In any criminal prosecution, it is necessary that every essential ingredient of the

Can petitioner be found guilty of Indirect Bribery?

conjectures; (2) the inference made is manifestly an error or founded on a mistake;

Panganiban, C.J., is in the result.

Penned by Associate Justice Gregory S. Ong with Presiding Justice Francis E.

Rollo, pp. 84-85.

Rollo, pp. 44-49.

Exhibits "A" to "DDD."

TSN, 18 March 1999, pp. 18-20, 22.

TSN, 18 March 1999, pp. 55-56.

TSN, 18 March 1999, pp. 31-33.

TSN, 18 March 1999, pp. 46-51.

TSN, 18 March 1999, p. 44.

People v. De Castro, G.R. Nos. 148056-61, 8 October 2003.

SEC. 3. Corrupt practices of public ocers. In addition to acts or omissions of

Peligrino v. People, 415 Phil. 94, 117 (2001).

A transaction, like a contract, is one which involves some consideration as in

shall suffer the penalty of special temporary disqualification.

TSN, 8 December 1998, p. 15.

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