592 Phil. 536
CHICO-NAZARIO, J.:
SEC. 3. Corrupt practices of public officers. - In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared unlawful:The Complaint was docketed as I.S. No. 04-17546 (DF).
x x x x
(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.
(f) Neglecting or refusing, after due demand or request, without sufficient justification to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.
Records of this case show that complainant had retired from government service on December 31, 2002 and was subsequently issued all the pertinent documents and clearances appurtenant to her claim for payment of her terminal leave amounting to P162,291.46, with the corresponding certification from the OIC Municipal Treasurer, Esmael C. Adoptante that sufficient funds exist to cover for the payment of the same. Ironically and without valid reason, respondent denied payment of the same alleging among others, that complainant had failed to remit some of her collections amounting to P7,564.38 as contained in a new certification issued by the new acting Municipal Treasurer, MR. CEFERINO D. CORTES, JR. on February 23, 2004, a year and two months after complainant's severance from service. The averment by the respondent that he immediately ordered the non-payment of the terminal leave pay of the complainant despite her repeated demands based on an alleged cash shortage as certified to by the new OIC Municipal Treasurer only on February 23, 2004 is a flimsy excuse to cover up for his baseless and malicious act. After all, it was only on February 23, 2004 that an alleged shortage was found out. Hence, it was only on even date that he would have had a valid ground to refuse payment of the same. As the Local Chief Executive, herein respondent should have pursued the legal means to collect the alleged cash shortage allegedly owed by the complainant from the municipality. He could have substantiated his claim by filing a case against the complainant and not place the complainant in a stalemate position as regards the payment of the terminal leave pay of which she is entitled to receive, to her damage and prejudice. The more than a year's delay in the payment of what one had lawfully earned and is rightfully due seem to be a punishment and not a reward for more than two (2) decades of government service, as in this case. Respondent himself admitted that follow-ups on her claim were made by the complainant.Respondent Manlapas moved for the reconsideration of the aforequoted Review Resolution. He argued that his refusal to release petitioner Salvacion's Terminal Leave Pay was essentially prompted by good faith, i.e., to protect the interest of the people of Baleno, Masbate, from being defrauded by petitioner Salvacion. He narrated that on the 7th and 8th of January 2003, petitioner Salvacion usurped the functions of revenue collectors by collecting tax payments from tax payers at Baleno, Masbate, amounting to P7,564.38, and issuing the corresponding Official Receipts, but failing to remit the same to the Office of the Municipal Treasurer. In support of his defense, respondent Manlapas submitted, as newly discovered evidence, photocopies of several Official Receipts dated 7 and 8 January 2003. Further, respondent Manlapas pointed out that the certification issued by the officer-in-charge (OIC) Municipal Treasurer Ismael C. Adoptante (Adoptante) that petitioner Salvacion had no more accountabilities with the Municipality of Baleno, Masbate, was invalid, considering that the same was issued at the time when Adoptante had already been relieved of his duties as OIC Municipal Treasurer by virtue of Bureau of Local Government Finance (BLGF) Regional Special Personnel Order No. 1-2002 dated 2 December 2002.
WHEREFORE, in view of the foregoing, it is hereby recommended that the instant Motion for Reconsideration filed by respondent be denied for lack of merit. Accordingly, the Review Resolution dated 07 February 2005 which recommended that an Information for violation of Sec. 3(f) of RA 3019 be filed against the latter stands.In affirming the Review Resolution, the Office of the Deputy Ombudsman for Luzon reasoned that:
It could not have possibly escaped respondent's attention that complainant has sought the payment of her terminal leave pay considering that he signed the corresponding disbursement voucher certifying that the same is necessary and lawful and even approved its payment amounting to P162,291.46 x x x. Having presented said document for his signature, it should have prompted him to verify first if there is no impediment in the payment of such claim of complainant. And it appears that indeed there was none, otherwise he could not have signed the same. But now, he is now justifying his refusal of not giving complainant her terminal leave pay because the amount of P7,564.38 of her collection is missing. To this, we are not convinced because, aside from the fact that the same is uncorroborated, the purported acts of complainant of usurping the functions of the revenue collectors and misappropriating the amount of P7,564.38 transpired immediately on the month after complainant has retired. If the same is factual, immediate action thereon could have been taken and that it should have been relayed at once to complainant and not after a year. With respect to the supposed newly discovered evidence submitted by respondent, we find that the photocopied receipts issued by the municipality only confirms the fact that certain amounts were collected but not to the fact that it was complainant who collected the same and not remit it to the coffers of the municipality. Finally, with respect to the alleged invalidity of the certification made by Adoptante, it was as early as December 2002 that respondent was apprised of the latter's relief as OIC Municipal Treasurer. As such, he should have called complainant's attention of such fact right away and not raised it at this point in time had he be (sic) sincere in acting on the claim of complainant.On 29 April 2005, bearing the approval of Dennis M. Villa-Ignacio, Special Prosecutor, Office of the Ombudsman, an Information[16] was filed with the Sandiganbayan, and raffled to its Fifth Division, charging respondent Manlapas with having violated Section 3, paragraph (f) of Republic Act No. 3019, as amended, with the accusatory portion of the same reading as follows:
That on December 31, 2002, and for sometime prior or subsequent thereto, in the Municipality of Baleno, Masbate, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, LEO H. MANLAPAS, a high ranking public officer, being then the Mayor of Baleno, Masbate, while in the performance of his official administrative functions and acting in relation thereto, with grave abuse of authority, did then and there willfully, unlawfully and criminally fails and refuses without sufficient justification, to order and cause within a reasonable period of time, the payment of the terminal leave pay benefits in the amount of ONE HUNDRED SIXTY TWO THOUSAND TWO HUNDRED NINETY ONE PESOS AND FORTY SIX CENTAVOS (P162,291.46) of BELEN A. SALVACION, a retired municipal employee, after several follow-ups and due demand, the last of which was in September 2003 and requests and thereby discriminating against said BELEN A. SALVACION, to the prejudice of the latter.The Information was docketed as Criminal Case No. 28111 before the Sandiganbayan, Fifth Division. A Hold Departure Order was issued by the Sandiganbayan, Fifth Division, directing the Bureau of Immigration to hold the departure of respondent Manlapas and include him in the Bureau's Hold Departure List.[17] Likewise, an Order of Arrest was issued by the same division commanding the arrest of respondent Manlapas.[18]
WHEREFORE, premises considered, the instant `Omnibus Motion 1) For Determination and/or Review of Finding of Probable Cause and/or Reinvestigation; and 2) to Defer/Suspend Arraignment' is hereby denied for lack of merit. Arraignment of the accused will proceed as previously scheduled on November 11, 2005.[28]Respondent Manlapas moved for the reconsideration of the foregoing Resolution maintaining that "[s]ince the [petitioner Salvacion] had no right to apply for terminal leave benefits, the accused was under no obligation to process or approve her application."[29]
WHEREFORE, finding no probable cause to sustain the present indictment, the present Motion for Reconsideration filed by the accused LEO H. MANLAPAS is hereby granted. The Resolution of this Court promulgated on November 11, 2005 is hereby set aside and the instant case against him is hereby ordered dismissed.The finding that there was no probable cause to hold respondent Manlapas liable to stand trial for the violation of Section 3, paragraph (f) of Republic Act No. 3019 was based on the ratiocination that:
The cash bond posted by the accused to obtain his provisional liberty is hereby ordered returned to him subject to the usual auditing and accounting procedures. The Hold Departure Order issued by this Court against the person of the accused on May 10, 2005 is hereby cancelled.[30]
In the present case, the prosecution committed grave abuse of discretion in finding that there is probable cause against the accused. There is no sufficient evidence adduced before the Office of the Ombudsman that a violation of Section 3(f) of Republic Act No. 3019 was committed by the accused x x x.Thus, the Sandiganbayan concluded that:x x x xThe second element is absent. There is sufficient justification for the accused in refusing to release the monetary benefits in favor of the private complainant after due demand by the latter. It has been established and even the reviewing prosecutors has (sic) recognized that when Ismael C. Adoptante issued the Certification on December 31, 2002, certifying that Ms. Salvacion is free from money and/or property responsibility, he was no longer authorized to do so. The accused knew this fact at the time of the alleged commission of the crime x x x. In BLGF Regional Special Personnel Order No. 1-2002 dated December 2, 2002, Atty. Veronica Bombase King, Regional Director of the Bureau of Local Government Finance, immediately designated Ceferino D. Cortes as OIC Municipal Treasurer of Baleno, Masbate, before Mr. Adoptante issued his certification on December 31, 2002, that the private complainant had then no money accountability. Therefore, knowing the lack of authority of Mr. Adoptante to issue the said clearance in favor of private complainant Belen A. Salvacion, accused mayor was justified in refusing to pay the terminal leave pay benefits of Ms. Salvacion.[31]
Admittedly, the elements of the offense are that:
a) The offender is a public officer;
b) The said officer has neglected or has refused to act without sufficient justification after due demand or request has been made on him;
c) Reasonable time has elapsed from such demand or request without the public officer having acted on the matter pending before him; and
d) Such failure to so act is `for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage in favor of an interested party, or discriminating against another' x x x.
x x x x
The absence of an essential element of the crime being imputed against the accused cannot sustain a finding of guilt of the accused. Hence, this Court has no option but to desist from inflicting upon the accused mayor the trauma of going through a trial and to dismiss the instant case.[32]Petitioner Salvacion and the People of the Philippines, through the Public Prosecutor, separately moved for the reconsideration of the latest ruling of the Sandiganbayan, but both motions were denied by the said court in a Resolution dated 4 August 2006 which was received by petitioner Salvacion on 22 August 2006.
Petitioner Salvacion maintains that "[t]he reliance of Honorable Sandiganbayan (Fifth Division) on BLGF Regional Special Personnel Order [N]o. 1-2002 dated December 2, 2002 to justify the act of the accused constitute therefore as grave abuse of discretion amounting to lack or excess in jurisdiction."[34] Moreover, she insists that "the demand to pay the said terminal benefits is a continuing one,"[35] such that "from the time the approved disbursement voucher was submitted (to the) respondent Mayor to the time the written demand was given to respondent Mayor and until thereafter, respondent Mayor is, in effect, continuously refusing, without justifiable reason, to release the money claims of petitioner x x x"[36]; and this fact, according to petitioner Salvacion, "had escaped the attention of the Honorable Sandiganbayan."[37] In conclusion, petition Salvacion declares that "the Honorable Sandiganbayan (Fifth Division) had unjustifiably and unduly interfered with the findings of probable cause made by the Office of the Deputy Ombudsman for Luzon."[38]I.
PUBLIC RESPONDENT SANDIGANBAYAN (FIFTH DIVISION) COMMITTED GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS IN (SIC) JURISDICTION IN HOLDING THAT ISMAEL ADOPTANTE IS NOT AUTHORIZED AS MUNICIPAL TREASURER AT THE TIME THE MONEY/PROPERTY CLEARANCE OF PRIVATE COMPLAINANT WAS SIGNED BY MERELY BASING ON BLGF REGIONAL SPECIAL PERSONNEL ORDER NO. 1-2002 DATED DECEMBER 2, 2002;II.
SAME PUBLIC RESPONDENT GROSSLY LOST SIGHT OF THE CONTINUING REFUSAL OF PRIVATE RESPONDENT TO PAY THE COMPLAINANT OF (SIC) HER TERMINAL LEAVE BENEFITS WHICH AMOUNTED TO GRAVE ABUSE OF DISCRETION; ANDIII.
SAME PUBLIC RESPONDENT HAD UNJUSTIFIABLY AND UNDULY INTERFERED WITH THE FINDINGS OF PROBABLE CAUSE MADE BY THE OFFICE OF THE DEPUTY OMBUDSMAN FOR LUZON.[33]
SECTION 1. Filing of petition with Supreme Court. - A party desiring to appeal by certiorari from a judgment or final order or resolution of the Court of Appeals, the Sandiganbayan, the Regional Trial Court or other courts whenever authorized by law, may file with the Supreme Court a verified petition for review on certiorari. The petition shall raise only questions of law which must be distinctly set forth.Note that what is being assailed in this original action are the Resolutions of the Sandiganbayan dated 23 February 2006 and 4 August 2006 reversing the Ombudsman's finding of probable cause to hold respondent Manlapas liable to stand trial for violation of Section 3, paragraph (f) of Republic Act No. 3019, as amended, and ordering the dismissal of Criminal Case No. 28111. There is no question that these Resolutions already constitute a final disposition of Criminal Case No. 28111, for after ordering the dismissal of said case, there is nothing more for the graft court to do therein. These Resolutions, therefore, are fit to be subjects of an appeal to this Court via a Petition for Review on Certiorari under Rule 45.
SECTION 1. Petition for Certiorari. - When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require.The writ of certiorari issues for the correction of errors of jurisdiction only or grave abuse of discretion amounting to lack or excess of jurisdiction. It cannot be legally used for any other purpose. Its function is only to keep the inferior court within the bounds of its jurisdiction or to prevent it from committing such a grave abuse of discretion amounting to lack or excess of jurisdiction. It may issue only when the following requirements are alleged in the petition and established: (1) the writ is directed against a tribunal, a board or any officer exercising judicial or quasi-judicial functions; (2) such tribunal, board or officer has acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; and (3) there is no appeal or any plain, speedy and adequate remedy in the ordinary course of law. Excess of jurisdiction as distinguished from absence of jurisdiction, means that an act, though within the general power of a tribunal, a board or an officer is not authorized, and is invalid with respect to the particular proceeding, because the conditions which alone authorize the exercise of the general power in respect of it are wanting. "Without jurisdiction" means lack or want of legal power, right or authority to hear and determine a cause or causes, considered either in general or with reference to a particular matter. It means lack of power to exercise authority.[39]
SEC. 2. Time for filing; extension. - The petition shall be filed within fifteen (15) days from notice of the judgment or final order or resolution appealed from, or of the denial of the petitioner's motion for new trial or reconsideration filed in due time after notice of the judgment. x x x.A party litigant wishing to file a petition for review on certiorari must do so within 15 days from receipt of the judgment, final order or resolution sought to be appealed. In this case, the resolution of the Sandiganbayan dated 23 February 2006, denying the motions for reconsideration of both petitioner Salvacion and the People, was received by petitioner Salvacion on 22 August 2006.[46] The instant Petition was filed only on 17 October 2006; thus, at the time of the filing of this Petition, 56 days had already elapsed, way beyond the 15-day period within which to file a petition for review under Rule 45 of the Revised Rules of Procedure; and even beyond an extended period of 30 days, the maximum period to be granted by this Court had one been actually sought by petitioner Salvacion. As the facts stand, petitioner Salvacion has already lost the right to appeal via Rule 45.