Leonardo v People (GR No 246451, February 3, 2021)

 Stewart Leonardo v People of the Philippines

GR No 246451, February 3, 2021

Facts:

    Leonardo was the Municipal Mayor of Quezon, Bukidnon. The SB issued a resolution in 2010, authorizing Leonardo to cause the procurement of trucks and heavy equipment in behalf of Quezon.

    As such, Leonardo went to join an auction by United Auctioneers, Inc (UAI) in Subic and paid the bid deposit of 100K to be deducted from try purchase price in successful bids. 

    Leonardo bid for 5 trucks (totaling 6.38M) for the municipality, and 2 small equipment (totaling to 1.67M) for himself. Leonardo won all the 7 bids, and UAI issued a single statement of account, and two separate receipts for the two values (6.38M and 1.67M). The bid deposit of 100K was also deducted from the 1.67M purchase (which became 1.57M). The deeds of sale were all placed in the name of LGU Quezon as vendee.

    By June 2016, the Office of the Ombudsman (OMB) filed information against Leonardo before the Sandiganbayan for violation of Section 3(e) of RA 3019 (Anti-Graft and Corrupt Practices Act). 

    In his defense, Leonardo claims that he reimbursed the 100K to the LGU, after he learned that the bid deposit was applied to his personal purchase.

Issue: W/N the Sandiganbayan correctly convicted Leonardo of violation of Sec 3(e) of RA 3019.

Held: 

    Petitioner acted with both manifest partiality and evident bad faith when he took advantage of his public office to secure unwarranted benefits for himself. 

    He cannot feign ignorance regarding the application of the 100K bid deposit to his personal purchase as it was reflected in the Statement of Account. He also knew that he did not make any deposit for his personal bid and purchase, separate from that of the LGU.  The deeds of sale also showed that Quezon LGU was vendee, including for the purchase of his personal equipments. These actuations manifest petitioner's evident bad faith or manifest partiality.

Doctrine:

* Elements:     

    1. A public officer discharging administrative, judicial or official functions,

    2.  who acted with manifest partiality, evident bad faith or inexcusable negligence, and

    3. which caused injury to any party, including the government, or giving any party unwarranted benefits, advantage or preference int he discharge of his official functions. 

* Manifest partiality = clear, notorious, or plain inclination or predilection to favor one side or person rather than another

* Evident bad faith = not only bad judgment but also palpably and patently fraudulent and dishonest purpose to do moral obliquity or conscious wrongdoing for some perverse motive or ill will.