345 Phil. 85
ROMERO, J.:
“That on or about May 16, 1994, in San Fernando, Romblon, and within the jurisdiction of this Honorable Court, the above named accused, a public officer, x x x while in the performance and taking advantage of his official functions, and with evident bad faith, did then and there willfully, unlawfully and criminally cause the disposition of confiscated, assorted and sawn tanguile lumber consisting of 1,319 pieces without proper authority therefor, thus, causing undue injury to the Government.”Before his arraignment, petitioner filed a “Motion to Quash Information and Recall Warrant of Arrest,” dated August 4, 1996, on the ground that the information was invalid as there was no probable cause to hold him liable for violation of Section 3(e), R.A. No. 3019. [1]
“WHEREFORE, accused Dindo C. Rios is ordered suspended from his position as Mayor of the Municipality of San Fernando, Romblon and from any other public position he may be holding for a period of ninety (90) days counted from receipt of this Resolution. The Honorable Secretary of the Department of Interior and Local Government, Quezon City, and the Provincial Governor of Romblon, Romblon are ordered furnished with copies of this Resolution so that they may implement the same and report on their actions thereon.Petitioner filed a motion for reconsideration which was subsequently denied in a resolution dated June 25, 1997. Hence, this petition.
SO ORDERED.”
“I. THE SANDIGANBAYAN COMMITTED A GRAVE ABUSE OF DISCRETION WHEN IT RULED THAT THE FACTS CHARGED IN THE INFORMATION CONSTITUTE A VIOLATION OF REPUBLIC ACT 3019.The first argument propounded by petitioner has already been passed upon by this Court when it held that the act of disposing of confiscated lumber without prior authority from DENR and the Sangguniang Bayan constituted a violation of Sec. 3(e) of R.A. 3019. [2] Therefore, there is probable cause to hold petitioner liable for such act, for which the information was validly filed. Although any further discussion of this issue would be unnecessary, the Sandiganbayan’s ruling is herein reiterated as a reminder to public officials of their crucial role in society and the trust lodged upon them by the people.
II. THE SANDIGANBAYAN COMMITTED A GRAVE ABUSE OF DISCRETION WHEN IT PROVIDED FOR SUSPENSION OF NINETY (90) DAYS IN CLEAR DISREGARD OF THE PROVISION OF THE LOCAL GOVERNMENT CODE.”
“First, any act or omission that is not in consonance with the prescribed norms of conduct inflicts injury to the Government, for the reason that it is a disturbance of law and order. This is more so when, as in this case, the alleged offender is the highest officer in the Municipal Government, because he sets a reprehensible example to his constituents.We cannot agree more with the Sandiganbayan. This Court would like to stress adherence to the doctrine that public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives. Public servants must bear in mind this constitutional mandate at all times to guide them in their actions during their entire tenure in the government service.[4] “The good of the service and the degree of morality which every official and employee in the public service must observe, if respect and confidence are to be maintained by the Government in the enforcement of the law, demand that no untoward conduct on his part, affecting morality, integrity and efficiency while holding office should be left without proper and commensurate sanction, all attendant circumstances taken into account.” [5]
Second, the assertion that no undue injury was caused because the proceeds of the disposition of confiscated lumber went to the Municipal Government gratuitously assumes that the price at which the lumber was disposed of was the reasonable market value thereof and that all the proceeds were paid to the local government. The assertion is further based on the wrong assumption that the lumber belonged to the municipality of which the accused was mayor. It was the National Government, as distinguished to (sic) local governments, that owned it, (Sec. 2(a), RA 3019) there being no evidence that the National Government had disposed of the lumber in any manner.” [3]
“Sec. 13. Suspension and loss of benefits. - Any incumbent public officer against whom any criminal prosecution under a valid information under this Act or under Title 7, Book II of the Revised Penal Code or for any offense involving fraud upon government or public funds or property, whether as a simple or as a complex offense and in whatever stage of execution and mode of participation, is pending in court, shall be suspended from office.”It is settled jurisprudence that the aforequoted provision makes it mandatory for the Sandiganbayan to suspend any public officer who has been validly charged with a violation of R.A. No. 3019, Book II, Title 7 of the Revised Penal Code, or any offense involving fraud upon government or public funds or property. [6]
x x x x x x x x x[2] Resolution of December 4, 1996 of the First Division of the Supreme Court in G.R. No. 126771 (Dindo Rios v. Sandiganbayan and People of the Philippines).
(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.