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    CASE #134 Roberto P. Fuentes vs. People of The Philippines G.R. No. 186421, April 17, 2017 Facts

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    Harlene
    Fuentes was convicted of violating Section 3(e) of RA 3019 for refusing to sign Triple A's business permit renewal in 2002 despite Triple A operating since 1993 and having paid renewal fees. Triple A's operations were shut down after Fuentes issued an unnumbered memorandum alleging the owner was involved in illegal activities, despite police clearances. The court upheld the conviction, finding Fuentes acted with manifest partiality and bad faith against Triple A by refusing the permit based on unsubstantiated rumors, which suspended Triple A's operations for years and caused undue injury.

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    CASE #134 Roberto P. Fuentes vs. People of The Philippines G.R. No. 186421, April 17, 2017 Facts

    Uploaded by

    Harlene
    194 views2 pages
    Fuentes was convicted of violating Section 3(e) of RA 3019 for refusing to sign Triple A's business permit renewal in 2002 despite Triple A operating since 1993 and having paid renewal fees. Triple A's operations were shut down after Fuentes issued an unnumbered memorandum alleging the owner was involved in illegal activities, despite police clearances. The court upheld the conviction, finding Fuentes acted with manifest partiality and bad faith against Triple A by refusing the permit based on unsubstantiated rumors, which suspended Triple A's operations for years and caused undue injury.

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    134. 273 2017

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    Fuentes was convicted of violating Section 3(e) of RA 3019 for refusing to sign Triple A's business permit renewal in 2002 despite Triple A operating since 1993 and having paid renewal fees. Triple A's operations were shut down after Fuentes issued an unnumbered memorandum alleging the owner was involved in illegal activities, despite police clearances. The court upheld the conviction, finding Fuentes acted with manifest partiality and bad faith against Triple A by refusing the permit based on unsubstantiated rumors, which suspended Triple A's operations for years and caused undue injury.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    194 views2 pages

    CASE #134 Roberto P. Fuentes vs. People of The Philippines G.R. No. 186421, April 17, 2017 Facts

    Uploaded by

    Harlene
    Fuentes was convicted of violating Section 3(e) of RA 3019 for refusing to sign Triple A's business permit renewal in 2002 despite Triple A operating since 1993 and having paid renewal fees. Triple A's operations were shut down after Fuentes issued an unnumbered memorandum alleging the owner was involved in illegal activities, despite police clearances. The court upheld the conviction, finding Fuentes acted with manifest partiality and bad faith against Triple A by refusing the permit based on unsubstantiated rumors, which suspended Triple A's operations for years and caused undue injury.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    CASE #134

    ROBERTO P. FUENTES vs. PEOPLE OF THE PHILIPPINES


    G.R. No. 186421, April 17, 2017
    FACTS:
    Private complainant Fe Nepomuceno Valenzuela, sole proprietor of Triple A Ship Chandling
    and General Maritime Services (Triple A), was operating since 1993 until 2001 through the Business
    Permits issued by the LGU. However, in 2002, Petitioner Roberto Fuentes, then Mayor of Isabel,
    refused to sign Triple A's Business Permit, despite: (a) Valenzuela's payment of the renewal
    fees; (b) all the other municipal officers of the LGU having signed the same, thereby signifying their
    approval thereto; and (c) a Police Clearance certifying that Valenzuela had no derogatory records in
    the municipality. Triple A's operations were shut down when the BOC issued a Cease and Desist
    Order after receiving Fuentes's unnumbered Memorandum alleging that Valenzuela was involved in
    smuggling and drug trading. In 2007, a business permit was finally issued in Triple A's favor. In his
    defense, Fuentes averred that as early as 1999, 2000, and 2001, he has been hearing rumors that
    Valenzuela was engaged in illegal activities such as smuggling and drug trading, but he did not act on
    the same. However, in 2002, he received written reports from the Prime Movers for Peace and
    Progress and Isabel Chief of Police Tamse allegedly confirming the said rumors, which prompted him
    to hold the approval of Valenzuela's Business Permit for Triple A, and to issue the unnumbered
    Memorandum addressed to port officials and the BOC. On September 30,
    2008, Sandiganbayan found Fuentes guilty beyond reasonable doubt of the violation of Article 3 (e) of
    RA 3019, holding that the prosecution had established all the elements of violation of Section 3 (e) of
    RA 3019.

    ISSUE:
    Whether Sandiganbayan correctly convicted Fuentes for violation of Section 3 (e) of RA 3019.

    HELD:
    Yes. The elements of violation of Section 3 (e) of RA 3019 are as follows: 
    a. That the accused must be a public officer discharging administrative, judicial, or official functions
    (or a private individual acting in conspiracy with such public officers); 
    b. That he acted with manifest partiality, evident bad faith, or inexcusable negligence; and 
    c. that his action caused any undue injury to any party, including the government, or giving any
    private party unwarranted benefits, advantage, or preference in the discharge of his functions.

    In this case:
    1. It is undisputed that Fuentes was a public officer, being the Municipal Mayor of Isabel, Leyte at the
    time he committed the acts complained of.
    2. Fuentes's refusal to issue a Business Permit to Valenzuela's Triple A was indeed committed with
    manifest partiality against the latter, and in favor of the other ship chandling operators in the Port
    of Isabel. Fuentes's belated action only in 2002 - which was done despite the clearances issued
    by various law enforcement agencies exonerating Valenzuela from such activities - speaks of
    evident bad faith which cannot be countenanced.
    3. The suspension of Triple A's ship chandling operations caused some sort of undue injury on the
    part of Valenzuela. To make things worse, Valenzuela was also not issued a Business Permit for
    the years 2003, 2004, 2005, and 2006, as it was only in 2007 that such permit was issued in Triple
    A's favor.

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