REPUBLIC OF THE THIRD DIVISION

PEOPLE OF THE PHILIPPINES, Criminal Case Nos. Plaintiff, SB-16-CRM-1231 For: Violation of Section 3(e), R.A. No. 3019, as amended

SB-16-CRM-1232 -versus- For: Violation of Section 8(d), R.A. No. 8041

SB-16-CRM-1233 For: Violation of Section 8(f), R.A. No. 8041

MOISES BEJAR VILLASENOR, Present: Accused. Cabotaje-Tang, P.J., Chairperson Fernandez, B.R., J. and Moreno, R.B., J. ~~lll~pPromulgated on: )( ------~

DECISION

Moreno, J.:

Accused Moises Bejar Villasenor was charged before this Court with violation of Section 3(e) of Republic Act (R.A.) No. 3019, as amended, and Sections 8(d) and 8(f) of R.A. No. 8041. The Informations read as follows:

Criminal Case No. SB-16-CRM-1231

That in January 2008, or sometime prior or subsequent thereto, in the Municipality of Lucban, Quezon, Philippines and within the jurisdiction of this Honorable Court, the accused MOISES B. VILLASENOR, a public officer, being then the Municipal Mayor of Lucban, Quezon, committing the offense in relation to his office and while in the performance of his official functions in the implementation of the Samil, Ayuti, Kalyaat, Abang (SAKA) - Rural Water and Sanitation (Ruwasa) Project, acting with manifest partiality, evident bad faith or gross inexcusable negligence, did then and there wilfully, unlawfully and criminally give undue advantage, unwarranted benefit or preference to himself by causing the installation of two undocumented and unmetered water pipelines for his private residence in Samil, Lucban, Quezon and enjoying unlimited and free water supply until September 11, 2014, in the amount of PI, 702, 138.21, including penalty fees, thereby causing undue injury to the Municipality of Lucban, Quezon in the said amount.

CONTRARYTO LA W.

Criminal Case No. SB-16-CRM-1232

That in January 2008, or sometime prior or subsequent thereto, in the Municipality of Lucban, Quezon, Philippines and within the jurisdiction of this Honorable Court, the accused MOISES B. VILLASENOR, a public officer, being then the Municipal Mayor of Lucban, Quezon, committing the offense in relation to his office and while in the performance of his official functions in the implementation of the Samil, Ayuti, Kalyaat, Abang (SAKA) - Rural Water and Sanitation (Ruwasa) Project, did then and there wilfully, unlawfully and criminally tap, make or cause to be made a connection with water lines at the SAKA-Ruwasa intake box for his private residence in Barangay Samil, Lucban, Quezon, without prior authority or consent from the Apolinario Dela Cruz Waterworks System, to the undue damage and prejudice of the Municipality of Lucban, Quezon.

CONTRARYTO LA W.

Criminal Case No. SB-16-CRM-1233

That in January 2008, or sometime prior or subsequent thereto, in the Municipality of Lucban, Quezon, Philippines and within the jurisdiction of this Honorable Court, the accused MOISES B. VILLASENOR, a public officer, being then the Municipal Mayor of Lucban, Quezon, committing the offense in relation to his office and while in the performance of his official functions in the implementation of the Samil, Ayuti, Kalyaat, Abang (SAKA) - Rural Water and Sanitation (Ruwasa) Project, did then and there wilfully, unlawfully and criminally use or receive direct benefit of water service from 2008 until September 11, 2014 in the amount of PI, 702, 138.21, including penalty fee, with knowledge that the diversion, tampering, or illegal connection existed at the time of use, or that the use or receipt thereof was without authorization from the Apolinario

2 Dela Cruz Waterworks System, to the undue damage and prejudice of the Municipality of Lucban, Quezon.

CONTRARY TO LA W

Upon his arraignment, accused, with the assistance of his counsel, pleaded" Not Guilty" to all the charges against him. 1

During the pre-trial, the parties jointly agreed to stipulate on the following facts.?

1. The identity of the accused as the same person charged in the information;

2. That in 2008, or at the time relevant to the commission of the offenses charged herein, accused Moises B. Villasenor was a public officer, being then the Municipal Mayor of Lucban, Quezon;

3. Complaining witness Celso Olivier Dator is the incumbent Mayor of Lucban, Quezon;

4. In his Complaint-Affidavit, Complainant Celso Olivier T. Dator basically alleged that in 2008, Villasenor, then the Mayor of Lucban, Quezon, caused the installation of two unmetered pipelines from the main public water reservoir of the municipality called the SAKA intake box and connected them to his private residential house in Barangay Samil, Lucban, Quezon.

EVIDENCE FOR THE PROSECUTION

The prosecution presented Celso Olivier T. Dator, Efren R. Suarez, Henry A. Romero, Jose C. Aliento, Anthony E. Ac1eta, Joseph C. Almadina, Ferdinand O. Cosejo, Fidel A. Suario and Cher L. Zabate as its witnesses.

Celso Olivier T. Dator- is the incumbent Municipal Mayor of Lucban, Quezon.

His office conducted inspections of the Samil, Ayuti, Kalyaat, Abang - Rural Water and Sanitation Project ("SAKA• Ruwasa Project') after a typhoon hit Lucban sometime in August 2014, resulting in a landslide. He received reports from residents of Barangay Samil that a pipe appeared in the landslide area. He instructed Efren Suarez, Waterworks Supervisor of Apolinario Dela Cruz Waterworks System, to

1 See Order dated November 17, 2017, Records, Vol. 1, pp. 459-460. 2 See Pre-Trial Order dated February 6,2018, Id. at 544-550. 3 TSN dated June 25,2018.

3 inspect the said pipe. Suarez asked his men to check the site where the pipe was discovered. They confirmed that there was a pipe in the area, measuring four (4) inches in diameter. Suarez immediately called him to confirm the existence of the pipeline. Thereafter, he directed Suarez to check where the pipeline was connected. They found out that it was connected to the SAKA intake box. The Waterworks has no record as to who was the owner of the pipeline. There was likewise no document of its existence. Dator asked them to check where the pipeline was leading to from the SAKAintake box.

On September g, 2014, Suarez and his team conducted another inspection, which confirmed that the discovered pipeline was connected to the cistern tank in the property of accused Villasenor. Thereafter, Dator again asked the Waterworks personnel to conduct another inspection of the pipeline.

On September 11, 2014, they went to the SAKAintake box and tried to block the pipeline to test if there would be interruption of water supply in the property of Villasenor. Before they even blocked the said pipeline, they were surprised to see a 4-inch diameter black pipe hidden under the SAKAintake box and also leading to the property of Villasenor. Upon finding that the water supply in the property of Villasenor was interrupted after blocking the pipeline, he instructed Suarez to tell the caretaker to inform Villasenor to go to his office. However, Villasenor did not comply. He then called a meeting with the Waterworks and some concerned personnel and they agreed to conduct a joint inspection to validate if the discovered pipes were reported by the Waterworks.

On September 15, 2014, Dator, together with representatives from concerned municipal offices and departments, went to the SAKA intake box. They traced the pipes and verified that they were all connected to the cistern tank of Villasenor. They then cut off the pipelines.

Some personnel from the barangay informed him on who tapped the pipelines. They mentioned the names of Joseph Nada, Dominick Abustan, and Felomino Villaverde. He called Nada and Abustan, both municipal employees, to his office together with their department heads. He asked them about the installation of the pipelines. They told him that their department heads, upon the instruction of Villasenor, asked them to tap some pipelines in Barangay Samil. When they went to Barangay Samil, they were surprised that the pipelines were

4 owned by Villasenor. He told Nada and Abustan to put their statements into writing."

As a result of the inspection, he filed a Complaint-Affidavit» and a Supplemental Complaint-Affidavit» before the Office of the Ombudsman, charging Villasenor for installing illegal and unmetered water pipelines in the SAKAintake box.

On cross-examination, Dator explained that the first pipeline was initially cut off on September 11, 2014. Since another illegally tapped pipeline was discovered, on September 15,2019, those (2) two pipelines were cut off. The computation of the value of the water Villasenor allegedly tapped was reckoned from the year 2008. He claimed that it was in that year that the pipes were tapped to service his property. Dator, however, admitted that he has no personal knowledge of the computed value.

When they conducted an inspection on September 15, 2019, he saw the house and the horse ranch of Villasenor. He claimed that the SAKAwater intake box was connected to the property of Villasenor. The said SAKAintake box was lower than his property hence, Villasenor used a water pump to tap the water.

He mentioned that Villasenor did not have electrical connection registered in his name in 2008. He used the electrical connection of Wilfredo Hernandez when he occupied the property. Hernandez and his wife mentioned to Dator that the property had electric connection.

At the time when the installed water pipelines were discovered, the SAKA-Ruwasa Project was under the supervision of the Apolinario Dela Cruz Waterworks System but it was managed by the Engineering Office of the municipality.

On re-direct examination, Dator confirmed that Nada and Abustan executed an affidavit denying the installation of the pipelines. On re-cross examination, he stated that Nada and Abustan are still employees of the municipality but they no longer reported for work after executing the said affidavit.

4 Exhibit "B-4". 5 Exhibit "A". 6 Exhibit "B" .

5 Erren R. Suarez7 is the former Officer-in-Charge (OIC) Waterworks Supervisor of Apolinario Dela Cruz Waterworks System ("ACWS")of Lucban, Quezon.

On August 29, 2014, Mayor Celso Olivier T. Dator informed him that there was a landslide in Barangay Samil. He, together with Henry Romero, went to the area to conduct an inspection. Upon reaching the site, they presumed that the discovered pipeline was from the intake box. After their inspection, they went back to Mayor Dator and the latter instructed them to conduct another inspection.

On September 11, 2014, they discovered that the pipeline led to the property of accused Villasenor. After informing Mayor Dator about it, they tested and cut the pipeline, which proved that it was indeed leading to the cistern tank of Villasenor. They reported it to Mayor Dator, who then called for a meeting with the Public Works and other members of the .

On September 15,2014, they cut off the pipeline.

On cross-examination, he stated that ACWS is owned by the local government of Lucban. His duties as orc included the inspection of the main line, service pipeline, and the reservoir of the intake box owned by the local government. ACWS has records of those who avail of its water services.

He prepared a Certification dated September 17, 2014, stating that the water consumption of accused Villasenor from 2008 to 2014 amounted to Phpl,361,710.57.8 Such computation was made by his assistant, Engr. Ferdinand Ebeza.

He confirmed that the public water intake box was located at SAKA.From the public water intake box, the pipeline was connected to a cistern tank owned by Villasenor, as relayed to him by the spring guard, Henry Romero. The water intake box was, more or less, 500 meters away from the cistern tank. On the other hand, the cistern tank was 300 to 500 meters away from the house of Villasenor. He claimed that he saw the pipelines from the cistern tank going to the house of Villasenor. He, however, admitted that he was not able to actually see the pipes connecting directly to the house of Villasenor, which was located at a higher elevation than the cistern tank and the public water intake box. He added that the water could not go

7 TSN dated June 28,2018. 8 Annex B of Exhibit "B".

6 up to his property just by gravity. He could not tell if it could be done by manual pumping since cistern tanks need heavy duty motor, which needed electricity, to pull up the water.

He recounted that the site of the landslide was about 700 meters away from the public water intake box.

On re-direct examination, he stated that when they inspected the SAKAintake box, they discovered two (2) blue pipes and one (1) black pipe that were illegally installed. The black pipe was connected from the intake box to the cistern tank of Villasenor.

On re-cross examination, he admitted that he was not able to go beyond the cistern tank or inside the house of Villasenor.

On further questioning, he confirmed that the Certification he issued stated that the computation of the illegal water connection covered a period of five (5) years, reckoned from the time Villasenor had a house in that area until the pipelines were cut off in 2014.

Henry A. Romero? was a former spring guard or watchman at the Apolinario Dela Cruz Waterworks System.

On August 29, 2014, after a landslide, he conducted an inspection of the SAKAintake box and there appeared a blue pipeline, measuring four (4) inches in diameter. He reported it to their OIC, Efren Suarez.

On September 9, 2014, they went to the site to conduct another inspection and to trace the pipeline. They returned on September 11, 2014 to investigate and they confirmed where the pipeline was leading. They also discovered another pipeline in the intake box. This time, it was black in color and measured four (4) inches in diameter. They looked into the intake box and found that the pipeline was going to a cistern tank in the property of accused Villasenor. He took photos of the pipeline'? and did a test thereon by blocking the water flow. They went to the cistern tank and saw that the flow of the water was interrupted. A person thereafter approached and told him, "Kami ay nawalan ng tubiq sa taas". He asked that person where the water stopped flowing. The person, who claimed to be the caretaker of the house and the horse of Villasenor, told him that the water stopped flowing in the house of Villasenor.

9 TSN dated July 3,2018. 10 Exhibits "A-5", "A-6".

7 On September 15, 2014, they totally cut off the two (2) pipes that led to the cistern tank of Villasenor.

On cross-examination, he testified that the landslide occurred along the pathway near the public intake box. It was after the landslide that he saw for the first time the alleged illegally installed blue and black pipelines as well as the other two (2) legally installed pipelines. From the cistern tank, they continued to inspect up to the property of Villasenor but they were not able to enter because the gate was closed. He did not take a photo of the person who claimed to be the caretaker of the house of Villasenor. Neither did he take a photo of any pipe from the cistern tank going to the house of Villasenor. He mentioned that there were other houses in the area which had water connections and cistern tanks. He admitted that he did not see a water tank inside the property of Villasenor.

Jose C. Alfento;' ' is Engineer II of the Municipal Engineer's Office of Lucban, Quezon. He signed a Certification in behalf of Municipal Engineer Precy P. Villalon.12 The Certification mentioned SAKA-Ruwasa, a government-funded project that was implemented in Lucban. He issued the Certification pursuant to the directive of the Office of the Mayor.

On cross-examination, he stated that ACWS implemented the water system in Lucban, Quezon. The SAKA-RuwasaProject and the ACWS were both under the municipal government of Lucban. He admitted that Engr. Villalon did not know that he signed the Certification in her behalf.

On re-direct examination, he clarified that he did not inform Engr. Villalon about signing the Certification because she was not around at that time.

On clarificatory questioning by the Court, he stated that before he signed the Certification, he read the contents thereof and he confirmed that they are true and correct. He was the authorized signatory should Engr. Villalon be absent or on leave. He affirmed that he never informed Engr. Villalon that he signed the Certification in her behalf.

Anthony E. Acleta ':' is Administrative Officer III and Secretary to the Sangguniang Bayan of Lucban, Quezon. The prosecution dispensed with his testimony after the defense

11 TSN dated August 1, 2018. 12 Exhibit "A-2". 13 TSN dated August 13, 2018.

8 counsel stipulated on the faithful reproduction of the original copy of Kautusang Bayan BIg. 2005-06.14

Joseph C. Almadina15 is the caretaker of a farm owned by Wilfredo Hernandez in Bifian, Laguna. He was also the caretaker of a farm of Hernandez in Malapia, Barangay Samil, Lucban, Quezon from 1998 to 2008. He confirmed having executed an affidavit= in connection with this case stating that in 2000, the of Samil granted the request of Hernandez to obtain water from Angnan Creek on the condition that the pipe to be used was limited to three (3) inches in diameter. Hernandez complied and he installed a 3-inch diameter pipe to draw water from Angnan Creek going to his property. In March 2008, Hernandez transferred him to another farm because he sold to Villasenor that portion of the property where the witness was staying. Villasenor used the said property as a ranch.

On cross-examination, he testified that Hernandez did not show him any Deed of Sale when Villasenor bought a portion of the property. He confirmed that during that time, there was already a passable road connecting the main area of Lucban going to Sitio Malapia, Barangay Samil. He denied that a portion of the property of Hernandez was used as a flower farm.

He added that in 2000, the Sangguniang Barangay of Samil granted the request of Hernandez to have a water connection from Angnan Creek in Sitio Malapia. They availed the water from the creek through a cistern tank which Hernandez constructed in his property.

Ferdinand o. Cosejo!? was the OIC Waterworks Supervisor from July 2007 until June 30, 2013 of the Office of the Waterworks, the only office authorized to tap residential or commercial water connections. Included in his duties and functions as the OIC Waterworks Supervisor was the preparation of applications for water connection for the approval of the municipal mayor. The documentary requirements were the application form, building permit, plumbing permit and sketch location plan of the proposed water connection. Under the Water Code of Lucban, Quezon, the standard size of the water pipe for household consumption is one-half (1/2) inch in diameter. For commercial or agricultural/livestock consumption, the standard size of the

14 Exhibit "A-3". 15 TSN dated August 13, 2018. 16 Exhibit "C". 17 See Judicial Affidavit of Ferdinand O. Cosejo, Records, Vol. I, pp. 757-764.

9 water pipe shall not exceed one (1) inch in diameter. When the applicant requests for a larger pipe size, there must be a Sangguniang Bayan Resolution approving such request. He recalled having processed an application of Moises Villasenor for water connection in Barangay Samil in 2008 until 2013.

On cross-examination.l" he confirmed that the waterworks system of Lucban, Quezon is owned by ACWS, which supplies water to all the barangays in Lucban. ACWS sources the water from the Pagsipi, Baracan, Sindecor, and Samil Springs.

He mentioned that he is aware of the SAKA-Ruwasa Project that supplies water to Barangays Samil, Ayuti, Kalyaat and Abang. He denied being connected with the organization or supervision of the Project.

He admitted to have come across applications for a bigger size of water pipe for household consumption but he could no longer remember the applicants.

Fidel A. Suarfo-? is the Sangguniang Bayan Secretary of Lucban, Quezon. In the Kapasiyahan BIg. 239-2010,20 there was a letter from the Second Agrarian Reform Communities Development Project (ARCDP2) Local Project Office dated October 7, 2010 addressed to the Sangguniang Bayan, requesting for a resolution regarding the acceptance of LGU• Lucban on the temporary operations and management of the SAKA-Ruwasa Project within five (5) years. The request was endorsed to the Sangguniang Bayan for appropriate actiori.v'

On cross-examination, he testified that after 2010, there is nothing in his records that would show if the request for the temporary takeover of the SAKA-Ruwasa Project was implemented. Likewise, there is no document in his custody showing that after the requested five-year period, the operations and management of the project was returned to SAKA-Ruwasa, Inc.

Cher Zabate22 is the Supervisor of the Apolinario Dela Cruz Waterworks System. Pursuant to the subpoena she received, she brought the following documents: Official Record Book for Approved New Application for Water Connection and Transfer of Tapping covering the period from 2005 to 2014,23

18 TSN dated October 17, 2018. 19 TSN dated October 24,2018. 20 Exhibit "D". 21 Exhibit "D-12". 22 See Judicial Affidavit of Cher Zabate, Records, Vol. II, pp. 13-130; TSN dated December 3, 2018. 23 Exhibit "E and series". ~ 10 / - U National Water Resources Board (NWRB)Official Receipts for Water Permit Fee for 2014 including the Disbursement Voucher, Obligation Request, Statement of Account, and check copy.>' NWRB Statement of Account of ACWS for Samil Spring with Permit No. 14486 as of October 24, 2018,25 and NWRB Technical Inspection Report dated March 14, 2014 for eleven (11) springs that the Municipality of Lucban has water rights. The Water Code of the Philippines requires a permit for the use of water resources in any locality in the Philippines hence, ACWSneeds to secure a permit from NWRBto use Samil Spring. Since 1995, ACWShas been securing permit from NWRBfor the use of Samil Spring. The privileges given under the permit include the appropriation and use of the water source for the benefit of the municipality. Under the said permit, the water which ACWS is authorized to utilize are sourced from eleven (11) water springs but the main sources are the Samil, Pagsipi, Baraka, and Sindico Springs. The NWRB conducts periodic technical inspection to ensure proper utilization of the water source subject of the permit and to check if there are violations of the terms and conditions of the permit granted for each of the spnngs.

The information recorded in the Official Record Book for Approved New Application for Water Connection and Transfer of Tapping include the permit number, date connected, name of the applicant, type of application, location, date of issue, amount paid, and official receipt number. The earliest application recorded therein was in June 3, 2005. Other applications recorded were for water connection with ACWS from 2005 up to the present and applications for new connection from SAKA beginning May 20, 2011. SAKA application was also recorded therein because of a Sangguniang Bayan Resolution approving the request of the SAKA-Ruwasa for the temporary management of the SAKAline, which started as early as May 20, 2011. The Official Record Book does not contain any application with respect to accused Villasenor.

As the ACWS Supervisor, she wanted to verify the alleged illegal pipeline of Villasenor. Hence, together with the other employees of ACWS, she conducted a re-inspection of the Samil intake box on October 23, 2018. They saw the alleged illegally installed 4-inch diameter black pipeline found inside the SAKA intake box and the reservoir allegedly constructed by Villasenor. During their re-inspection, they took pictures of the SAKA intake box, the 4-inch diameter black pipe inside, and the

24 Exhibit "F and series". 25 Exhibit "G and series".

11 abandoned underground black pipe that was still connected to the Samil intake box.26

On cross examination, she testified that based on her understanding, the requirement of securing a permit from the NWRBis absolute before one can utilize water resources. She is not aware that under the Water Code, use of water may be allowed for household purposes without need for any permit. She admitted that she has no personal knowledge of and involvement in the inspection conducted on March 14, 2014 and the results thereof because she joined ACWS only in 2018. Likewise, she has no personal knowledge if there was any other inspection conducted thereafter.

She admitted that there was no indication in their re• inspection that Villasenor owned the pipes. She only went to the intake box and from there, she could not see the farm of Villasenor since the intake box was surrounded by trees. They were not able to get to the end of the 4-inch diameter black pipe and measure its length since it was buried approximately a foot below the ground and was covered by the three (3) blue pipes. She added that she would not know when the SAKAintake box was connected. During their re-inspection, no intake box was located therein other than the SAKAintake box.

She also admitted that she has no personal knowledge of the contents of the records in her office from 2008 up to 2018, before she became the supervisor of ACWS.

After presenting its witnesses, the prosecution offered the following documentary evidence.s?

EXHIBIT DESCRIPTION - Complaint-Affidavit dated September 17, 2014, executed Exhibit "A" by Celso Olivier T. Dator; five (5) pages - Certification dated September 8, 2014 issued by Efren R. Suarez, OIC- Waterworks Supervisor, Apolinario Dela Cruz Waterworks System, stating that their office has no Exhibit "A-I" record of any existing agreement with or application filed on the Barangay Samil Pipeline and Hernandez Pipeline; attached to the Complaint-Affidavit as Annex A - Certification issued by Precy P. Villalon, Municipal Engineer, (signed by Engr. Jose C. Aliento), certifying that the SAKARuwasa Project is a project jointly funded by the national government, the local government of Exhibit "A-2" Lucban, Quezon, and the International Bank for Reconstruction and Development; two (2) pages; attached to the Complaint-Affidavit as Annexes Band B- 1 - Kautusang Bayan Blg. 2005-06; 6 pages; attached to the Exhibit "A-3" Complaint-Affidavit as Annex C - Kautusang Bayan Blg. 2012-09; 6 pages; attached to the Exhibit "A-4" Complaint-Affidavit as Annex C-1 I)

26 Exhib it "I and series". 27 See Formal Offer of Documentary Evidence, Records, Vol. II, pp. 178-364.

12 - Photos of 4-inch in diameter water pipeline installed at Exhibit "A-5" the residence of accused; two (2) pages; attached to the Complaint-Affidavit as Annexes D to G - Photos of second illegal pipeline installed inside the water intake box and the private water intake box of Exhibit "A-6" accused; attached to the Complaint-Affidavit as Annexes H to J - Excerpt from police blotter reporting discovery of illegally Exhibit "A-7" installed pipelines; two (2) pages; attached to the Complaint-Affidavit as Annex K - Supplemental Complaint-Affidavit dated September 29, Exhibit "B" 2014 executed by Celso Olivier T. Dator; consisting 3 pages - Complaint-Affidavit dated September 17, 2014, executed Exhibit "B-1" by Celso Olivier T. Dator; 23 pages inclusive of annexes; (same as Exhibits attached to the Supplemental Complaint-Affidavit as "A" to "A-7") AnnexA - Sinumpaang Salaysay of Efren R. Suarez, dated Exhibit "B-3" September 29, 2014; attached to the Su pplemen tal Complaint-Affidavit as Annex C - Pinagsamang Sinumpaang Salaysay dated September 29, 2014, executed by Joseph D. Nada, Plumber II, and Exhibit "B-4" Dominick V. Abustan, Meter Reader; attached to the Supplemental Complaint-Affidavit as Annex D - Magkasamang Sinumpaang Salaysay dated May 6, Exhibit "C" 2016, executed by Joseph C. Almadina and Marvin F. Cortez - Katitikan ng Pangkaraniwang Pulong ng Sangguniang Bayan ng Lucban, Quezon, na idinaos sa Batasang Pambayan, Bahay Pamahalaan, Noong ika-11 ng Oktubre, 2010

- Kapasyahan Big. 254-2010, entitled: Isang Kapasyahan Exhibit na nagpapatibay sa Kahilingan ng Samil, Ayuti, Kalyaat, "0 and series" at Abang Rural Waterworks and Sanitation Association, Inc. (SAKA-Ruwasa), na pansamantalang pamahalaan ng Pamahalaang Bayan ng Lucban, Quezon and pangkalahatang operasyon ng kanilang Sistema ng pandaluyang-tubig, at maningil ng kaukulang bayarin para sa serbisyo nito - Official Record Book for Approved New Application for Exhibit Water Connection and Transfer of Tapping covering the "E and series" period from 2005 to 2014 of the Apolinario Dela Cruz Waterworks System and SAKA - National Water Resources Board (NWRB)Official Receipt Exhibit for Water Permit Fee for 2014 including the "F and series" Disbursement Voucher and supporting documents Exhibit - NWRB Statement of Account of ACWS for Samil Spring "G and series" with Permit No. 14486 as October 24,2018 - NWRB Technical Inspection Report dated March 14, Exhibit 2014 for 11 springs that the Municipality of Lucban has "H and series" water rights Exhibit - Pictures of the ocular inspection dated October 2018 of "I and series" the SAKAwater intake box and the illegal connection

The Court, taking into consideration the objections of the accused, resolved to admit the above exhibits.s"

EVIDENCE FOR THE DEFENSE

The defense presented the following witnesses: Moises B. Villasenor, Carlos Lantin, Jr., Raffy R. Fernandez, Joseph D. Nada, Dominick V. Abustan, Precy P. Villalon, Concepcion P. Ibarrola, Jerome G. Villaverde, and Maria Carmela A. Zamora

28 Records, Vol. II, p. 393.

13 Moises B. Villaseiior29 testified that he had no house in Barangay Samil in 2008 as it was only in 2009 when he bought the property where his residential house is now situated.s? From January 2007 until December 2010, he rented a house and lot from Concepcion Ibarrola at Barangay San Jose, Lucban.»!

He denied that he had electric consumption in 2008. As certified by Manila Electric Company ("MERALCO"),his billing history at 9020 Lucban-Majayjay Samil, Lucban started on December 11, 2010.32 Since he had no electric consumption, the water from the intake box could not go up to his house in Barangay Samil. He added that his residence was elevated compared to the intake box, as certified by Engr. Carlos P. Lantin, who conducted a survey on the area.P

He asserted that the computation of his water bill including the penalty was impossible if the basis therefor was the water rates indicated in the Kautusang Bayan Blg. 2005-06 or Kodigo ng Pagdaluyang- Tubig ng Bayan ng Lucban, Ouezon.r' If his water bill for five (5) years was PI ,361 ,510.57, it means that his water consumption for each year was P272,301.11 or P22,691.84 per month. If it was computed at the rate of P40.00 for the first ten (10) cubic meters and additional P7.50 per cubic meter for the consumption above 51 cubic meters, it means that his water consumption per month was 6,000.69 cubic meters. That was enough for two and a half (2%) Olympic-size swimming pools. In arriving at the said computation, he used the highest rate as per the consumption rates indicated in the Kautusang Bayan Blg. 2005-06.

He likewise denied that the property was a ranch since it was used as a flower farm. His property in Barangay Samil allegedly supplied with water was approximately one (1) hectare, with a bungalow house and not a mansion. There was no water yet when he stayed therein in December 2010. Since he had a construction firm, he had a water tanker from where he sourced his water. He denied that his water was sourced from the municipal intake box.

On cross-examination, he stated that the SAKAintake box was constructed under the SAKA-Ruwasa Project, which was implemented in 2007. He was the Executive Officer of the Local Project Office that supervised the construction of the SAKA

29 See Judicial Afftdavit of Moises B. Villasenor, Records, Vol. II, pp. 419-472; TSN dated March , 2019; TSN dated March 7, 2019. 30 Exhibits "1", "2, 2-a, 2-b, 2-c". 31 Exhibit "7". 32 Exhibits "3, 3-a, 3-a-l". 33 Exhibit "9". 34 Exhibit" 8" .

14 intake box. He declared that he had no existing water service connection with the ACWS and with the SAKA-Ruwasa line. There is no record in the Talaan= that Nada and Abustan installed water pipeline connecting to his house. He confirmed that the Talaan only recorded those works that were done on customers of ACWS and not those without an existing water service connection. He did not deny the existence of the 4-inch diameter water pipeline that was connected to the SAKAintake box.

He started building his house in Barangay Samil only in 2010 after he bought the property from Wilfredo Hernandez. Although he made it as his residence, it was actually an agricultural land used as a flower farm in 2008.

He was aware that a residential water service connection uses a pipe that is a half inch or 1.3 centimeters in diameter. He confirmed that his computation was based on a residential line with a pipe measuring 1.3 centimeters in diameter as opposed to what was indicated in the certification of the Ole Waterworks Supervisor that the pipe installed was four (4) inches in diameter. He admitted that he did not take into account the size of the pipe in computing the estimated water consumption.

He denied being into the business of flower plantation. He explained that someone was already planting flowers in the property when he bought the same.

He further stated that his water came from a tanker sourced from Tayabas, which IS eleven (11) kilometers away from Barangay Samil, Lucban.

Carlos P. Lantin,36 a Civil Project Engineer, testified that Villasenor requested him to conduct a survey of the elevations and distances of his house, the SAKA intake box, and the reservoir of Wilfredo Hernandez and to test whether the water could flow to his house from the reservoir and the intake box. Sometime in February 2017, together with the Secretary of Barangay Samil, a guide and a survey team, he surveyed the house of Villasenor using a surveying instrument called total station. He found out that the distance from the house of Villasenor to the reservoir was 460.98 meters; the distance from his house to the intake box was 659.6 meters; and the distance of the intake box to the reservoir of Hernandez was 386.34 meters. As regards the elevations, the house of Villasenor was

35 Exhibit "6-B" to "6-F". 36 TSN dated April 3, 2019.

15 28.84 meters higher than the reservoir of Hernandez and 12.26 meters higher than the intake box."? They also took photos of the points that they traversed to locate one point to another point.

Based on his findings, the water could not go up to the house of Villasenor from the intake box and the reservoir of Hernandez by gravity alone. A submersible pump or a motor driven pump, which is powered by electricity, is necessary to lift the water.

On cross-examination, he stated that he was connected with B.C. Villasenor Construction, a sole proprietorship owned by the daughter of accused Villasenor, from 1998 until 2018. The areas they surveyed were identified by the Secretary of Barangay Samil and their guide, Raffy Fernandez. He admitted that he did not have in his team a Water or Hydraulic Engineer. It was Jose Aguilar who operated the total station instrument but he actually saw the readings on the machine and he double• checked the same. He confirmed that the elevation of the SAKA intake box was 185.06 meters while the elevation of the residence of Villasenor was 197.32 meters in the Villasenor residence.

He confirmed that he was not able to measure the water pressure or the water running through the pipes connected to the SAKA intake box. He admitted that he has no idea how many kilopascals are being generated by the water forcing through the pipes from the SAKAintake box since the water pressure depends on different factors. He agreed that there are instances that the water pressure is so strong that a motor pipe is no longer needed.

He did not inspect the pipes but he admitted that he saw the blue pipes that were connected to the SAKAintake box but not the black one. He was not able to measure the volume generated by the water source since he only measured the elevations and the distances. He admitted that he did not dig in any portion of the areas where they conducted the survey.

On further questioning, he stated that he did not know the physical condition of the area in 2008. What he looked into during the survey was a possible water line from the water source to the SAKAintake box. He did not see a pipe from the SAKAintake box leading to the residence of Villasenor but he saw a pipe leading to the property of Hernandez. He did not

37 Exhibit "9 and series".

16 verify whether the pipe was connected somewhere else from the Hernandez residence.

Raffy R. Fernandez38 is a of Barangay Samil, Lucban, Quezon. He was the caretaker of the fighting cocks and the properties of Wilfredo Hernandez in Barangay Samil with an area of approximately ten (10) hectares. He has been a resident of Barangay Samil since 1997 and has been staying in the farmhouse of Hernandez until 2012. The farmhouse where he was staying was located in the property sold by Hernandez.

Hernandez sold his properties to Honey Yu, Sonny Venzuela, Miguelin Arquiza, Director Siguit, and Moises Villasenor. The area sold to Villasenor in the latter part of 2009 was more or less three (3) hectares in size. Prior to the sale, it was used as a flower farm of Renato Pineda, who rented it from Hernandez. Pineda transferred the flower farm to another barangay when Villasenor bought the property. Villasenor occupied the property only in 2010.

When Fernandez was still living in the farmhouse, his water supply came from the intake box constructed by Hernandez located at Angnan Creek in Barangay Samil. The said intake box still exists at present and is confined inside a bigger intake box built by the municipality. He had a submersible pump that pulled the water from the intake box to the cistern and mother tank of Hernandez. The cistern tank was located in the portion of the property of Hernandez which was bought by Director Siguit and the mother tank was located in the area bought by Honey Yu. He claimed that Villasenor had no water supply.

Sometime in 2017, he accompanied Engr. Lantin and his team to conduct an ocular inspection and to survey the house of Villasenor, the reservoir and the municipal water intake box in Barangay Samil.

On cross-examination, he confirmed that Villasenor had no water supply. Water was being delivered to his property twice a month through a truck coming from Tayabas. Villasenor had a water tanker with a capacity of 22,000 liters. At present, Villasenor already has a deep well.

38 See Judicial Affidavit of Raffy R. Fernandez, Records, Vol. II, pp. 522-531; TSN dated April 24, 2019.

17 He stated that there was no water source in the flower farm because the flowers therein did not need water. He added that he has never seen the flowers being watered.

Barangay Kagawad Rowell Deveza told Engr. Lantin and his team that Fernandez would accompany them in conducting the survey. He helped them locate the intake box but he did not receive any payment for serving as their guide. The survey team visited the Angnan Creek going to the house of Villasenor, and the intake box.

On clarificatory questioning by the Court, he stated that he first saw Villasenor in the property in 2009. To his knowledge, the municipality constructed a large intake box, referred to as the SAKA-Ruwasa Project, in the lower area in 2007. He narrated that there was a big water reservoir in the Angnan Creek and a small intake box was connected thereto, which was the source of water in the farm of Hernandez.

He recounted that prior to the SAKA-Ruwasa Project, Hernandez already had an alternative source of water from a small intake box he had constructed. In 2001, with the permission of the barangay, Hernandez had connected to the small intake box PE pipes leading to his house. In 2007, the municipality constructed a bigger intake box, enclosing the smaller one inside. The pipes of Hernandez continued to be connected to the small intake box and he was not paying for the use of water sourced therefrom. The bigger intake box was constructed to supply water to Barangays Samil, Ayuti, Kalyaat, and Abang, for a fee. Pipes were installed leading only to these four (4) barangays which are in the low areas. No pipes were installed leading to the house of Hernandez as well as to the house of Villasenor since the water could not be pulled up because of the elevation and distance. The water could only flow up by using a submersible pump and a cistern tank, as what Hernandez did in 2001. Villasenor did not acquire the submersible pump when he bought from Hernandez a portion of the property.

He mentioned that only Hernandez installed pipes in the small intake box. He asserted that Ruwasa should not claim for the water used in the property of Hernandez because his water was sourced from the small intake box and not from the bigger one constructed by the municipality.

18 Joseph D. Nada-? identified the affidavit dated April 24, 2016 he executed together with Dominick V. Abustan.r? Attached therewith is a copy of a logbook, which recorded the tasks they accomplished for ACWS.41It shows that they did not install any pipeline for Villasenor in 2008.

On cross-examination, he confirmed that he was hired as a plumber by ACWS in 2005 and it was Villasenor who asked him to execute another affidavit.

He clarified that it was the Hernandez family who built the relay tank and that the property already had water connection a long time ago. Hernandez subdivided the property and each area was installed with pipelines. However, the pipelines were cut when he sold the subdivided properties.

He stated that he signed the affidavit dated September 29, 2014 because the incumbent mayor at that time threatened to terminate him from employment if he would not execute it. He no longer saw the affidavit after he was made to sign the same. On the other hand, it was Villasenor who asked him to sign the affidavit dated April 24, 2016. Villasenor did not force him to sign it. He affirmed that he read the contents thereof and they were also explained to him.

Dominick v. Abustan-? started working in ACWSin 2006. He identified the affidavit dated April 24, 2016 he executed together with Joseph D. Nada. Attached therewith is a copy of a logbook, which recorded the tasks they accomplished for ACWS. The entries therein were written by Joseph D. Nada.

On cross-examination, he testified that the affidavit dated September 29, 2014 was shown to him and he was threatened that he would lose his job if he refused to sign it. He was not able to read the contents thereof before signing the same. He denied having knowledge as to who installed the water pipe in the house of Villasenor.

Precy P. Villalon43 was the Municipal Engineer of Lucban, Quezon from 1993 until 2015. She was in charge of the Engineering Office and she supervised the construction, maintenance, repair, improvement of roads, bridges, water

39 See Judicial Affidavit of Joseph D. Nada, Records, Vol. II, pp. 511-521; TSN dated May 8,2 9. ~ 40 Exhibit "6". ? I 41 Exhibits "6-b, 6-c, 6-d, 6-e, 6-f'. 42 See Judicial Affidavit of Dominick V. Abustan, Records, Vol. II, pp. 532-542; TSN dated May 8, 2019. frO 43 See Judicial Affidavit of Precy P. Villalon, Records, Vol. II, pp. 589-595; TSN dated May 20,2019. 19 supply / system, and other public works and projects of the town.

In 2006, the municipality of Lucban undertook the SAKA• Ruwasa Project, which was intended to service the water needs of barangays Samil, Ayutu, Kalyaat, and Abang. The Samil Spring, which was not previously tapped by the municipality, was a strong source of water in the vicinity of the SAKA barangays. They constructed a municipal intake box to collect the water and generate enough volume and pressure in order to service the said barangays. The Hernandez intake box was already there even before the municipal intake box was constructed. It supplied free water to Wilfredo Hernandez and his farms. The intake boxes were lower by not less than ten (10) meters in elevation than the Hernandez farms. The Hernandez intake box, smaller in size, was enclosed inside the municipal intake box. This is to maximize the use of water coursing through the Samil Spring since not all was being tapped by the Hernandez intake box.

On cross-examination, she stated that she was the Chief Implementing Officer of the SAKA-RuwasaProject and she has been to the SAKA-Ruwasa site several times. Based on her record, the project started on August 18, 2006 and the target completion was December 17,2007. It was, however, extended and the revised expiry date was October 30, 2008. Villasenor was the Chief Executive Officer for the Project Local Office.

On clarificatory questioning by the Court, she stated that the last time she went to the SAKA-RuwasaProject intake box was in 2014 and she did not find anything unusual therein. She reiterated that the Hernandez intake box was inside the municipal intake box. Anyone may enter inside the municipal intake box to take a look at the Hernandez intake box.

She illustrated that the Samil Spring was at the center of the river, while the Hernandez intake box was in the left side. The Hernandez intake box was already there during the site validation. Connected thereto were two (2) black pipelines measuring two (2) inches in diameter. Only the Samil intake box was supposedly to be constructed, however, the Project Engineer saw that there was still a large volume of water in the left side of the spring near the Hernandez intake box. The Project Engineer, without her approval, enclosed the Hernandez intake box. Hence, instead of a rectangular-shaped intake box, it became L-shaped because it included the Hernandez intake box.

20 The Project Engineer explained to her that he enclosed the Hernandez intake box so that the volume of water in the left side of the Samil Spring would not be put to waste. The Project Engineer recommended that Hernandez be allocated with another outlet, a 4-inch diameter pipeline, in exchange for the two (2) pipelines measuring two (2) inches in diameter that were enclosed inside the municipality intake box. She eventually consented. The 4-inch diameter pipeline was allotted to Hernandez for free. In effect, the water source of Hernandez was the SAKAintake box and no longer the one he had constructed.

Concepcion P. Ibarrola+' executed a Sinumpaang Salaysaif5 to the effect that from January 2007 up to December 2010, former Mayor Moises B. Villasenor rented her house and lot located at Barangay San Jose, Lucban. She and Villasenor had a verbal agreement wherein the rentals shall be paid monthly. Villasenor was always on time in paying the monthly rentals. Before he rented her house, it was occupied by her brother and his family for many years.

On cross-examination, she confirmed that she has no knowledge about the pipes connected to the SAKA-Ruwasa Project in take box.

Jerome G. Villaverde46 is an Engineer I in the Office of the Building Official. His duties include evaluation and processing of building permits. He recalled that accused Villasenor submitted the requirements for the application of building permits and plans. Based on the records, Villasenor applied for a building permit in 2009. After evaluating the documents, his office issued an order of payment. He eventually found out that the fees had already been paid.

He was directed to produce the building permit, building plans, and official receipts of Villasenor. However, he could no longer produce the building permit and building plans. With respect to the official receipts, he requested a copy thereof from the Municipal Treasurer's Office but they told him that they could not release public documents pursuant to an executive order issued by Mayor Dator, who is the complainant in this case.

He clarified that he was not able to produce a copy of the building plan because he returned the same to the applicant

44 See Judicial Affidavit of Concepcion P. Ibarrola, Records, Vol. III, pp. 9-18; TSN dated June 2019. 45 Exhibit "7". 46 TSN dated July 3,2019.

21 after having assessed that the requirements were incomplete. Hence, he could not certify as to the existence of the building plan because there is no copy of it in his office.

Maria Carmela A. Zamora47 is a Consumer Welfare Representative of MERALCO, Lucena Business Center. She is tasked to accept applications for electric service, complaints regarding billing and other concerns. The Lucena Business Center Franchise services six (6) towns, namely: Lucena, Lucban, Tayabas, Pagbilao, Sampaloc, Sariya and Mauban. She presented a copy of Certificatiotr" dated July 12,2019 issued in favor of Moises Villasenor with Service ID Number 433750740101 and with service address at 9020 Lucban• Majayjay Samil, Lucban, Quezon and a Certification of Billing Historu'? for the service from January 2010 up to January 2015.

Thereafter, the defense offered the following documentary evidence.w

EXHIBIT DESCRIPTION - Deed of Sale conveying to Villasenor a parcel of land in Exhibit "1" Barangay Samil, Lucban, Quezon where he subsequently built his residential house Exhibits - Transfer Certificates of Title in Villasenor's name of the "2, 2-a, 2-b, 2-c" land subject of the aforementioned Deed of Sale - Certification from Meralco of the billing history of the Exhibits electric service of Villasenor at Lucban-Majayjay-Samil "3, 3-a, 3-a-l" Samil, Lucban

- Certification from Meralco that the aforesaid electric Exhibit "3-b" service of Villasenor was "energized" on December 11, 2010 Exhibit "6" - Pinagsamang Sinumpaang Salaysay of plumber Joseph Nada and water meter reader Dominick Abustan

Exhibits "6-b, 6-c, - Pages of the Talaan attached as Annex A of the 6-d, 6-e, 6-f" aforesaid Pinagsamang Sinumpaang Salaysay Exhibit "7" - Sinumpaang Salaysay of Conce_l)_cionIbarrola Exhibit "8" - Kautusang Bayan BIg. 2005-06, Sangguniang Bayan of (Also Exh. A-3 of the Lucban, Quezon prosecution) - Sworn Certification of Civil Engineer Carlos P. Lantin, Exhibit Jr. and Jose Aguilar, Jr. with Google-Earth reference "9 and series" attached Exhibit" 10" (Also Annex B of the prosecution's Exh. B, - Certification signed by Efren Suarez, re: cost and the Supplemental penalty for accused Villasenor's water consumption Complaint-Affidavit of Celso Olivier Dator) - Judicial Affidavit of accused Villasenor Exhibit" 11"

- Notice of Judgment & the Decision of the Court of Exhibit "II-a" Appeals in CA SP No. 147529

- Notice of Resolution & the Resolution of Court of Exhibit" II-b" Appeals in CA GR SP No. 147529

47 TSN dated July 15, 2019. 48 Exhibits "3, 3-a, 3-a-l". 49 Exhibit" 3 - b" . 50 See Formal Offer of Evidence, Records, Volume III, pp. 123-234.

22 Exhibit "12" - Counter-Affidavit of accused Villasenor Exhibit "17" - JUdicial Affidavit of Joseph Nada Exhibit" 18" - Judicial Affidavit of Dominick Abustan Exhibit "19" - JUdicial Affidavit of Precy Villalon

Exhibits - Illustrations made by Precy Villalon in her Judicial "19-b" and "19-c" Affidavit Exhibits - Photos attached as Annexes to the Judicial Affidavit of "21-a" and "21-b" Concepcion Ibarrola

The Court, taking into consideration the objections of the prosecution, resolved to admit the above exhibits. 51

Criminal Case No. SB-16-CRM-1231

The accused had been charged with violation of Section 3(e) of R.A. No. 3019, as amended, which reads:

Section 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 to be unlawful:

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.

Reduced to its elements, a violation under this provision requires that: (1) the accused is a public officer discharging administrative, judicial or official functions; (2) the accused acted with manifest partiality, evident bad faith or gross inexcusable negligence; and (3) the accused caused undue injury to any party including the Government, or giving any private party unwarranted benefits, advantage or preference in the discharge of his functions.e-

The first element is undisputed, it having been stipulated during the pre-trial that at the time material to the case, accused was a public officer, being then the Municipal Mayor of Lucban, Quezon.

51 Id. at p. 276. 52 Garcia v. Sandiganb yan, G.R. No. 197204, March 26,2014.

23 As to the second element, the prosecution charged accused of acting with manifest partiality, evident bad faith or gross inexcusable negligence in causing the installation of two (2) undocumented and unmetered water pipelines for his residence in Barangay Samil, Lucban, Quezon in 2008.

The Court disagrees.

The law provides three (3) modes of commission of the offense, namely, through manifest partiality, evident bad faith, and/ or gross inexcusable negligence. The Supreme Court explained these terms in Sison v. People= in the following manner:

"Partiality" is synonymous with "bias" which "excites a disposition to see and report matters as they are wished for rather than as they are." "Bad faith does not simply connote bad judgment or negligence; it imputes a dishonest purpose or some moral obliquity and conscious doing of a wrong; a breach of sworn duty through some motive or intent or ill will; it partakes of the nature of fraud." "Gross negligence has been so defined as negligence characterized by the want of even slight care, acting or omitting to act in a situation where there is a duty to act, not inadvertently but wilfully and intentionally with a conscious indifference to consequences in so far as other persons may be affected. It is the omission of that care which even inattentive and though tless men never fail to take on their own property."

In proving the existence of manifest partiality, evident bad faith or inexcusable negligence, the prosecution presented witnesses alleging that accused Villasenor caused the installation of the two (2) subject pipelines. However, aside from their bare allegations, no concrete evidence was ever offered in the course of the presentation of the prosecution evidence which showed that he actually installed or caused the installation of the pipelines that were discovered in Barangay Samil in August 2014.

Prosecution witness Dator alleged that Villasenor installed the water pipelines directly connecting to his house when he occupied the property in 2008. The prosecution presented no other proof to corroborate his allegation. Verily, the evidence on record bears out that Villasenor purchased the property where his residential house is situated only in 2009.

53 G.R. Nos. 170339, 170398-403, March 9,2010.

24 It should also be emphasized that even prosecution witness Suarez, who inspected and discovered the pipelines in 2014, confirmed that he never conducted any inspection prior thereto.>? We cannot therefore conclude that the pipelines were installed by Villasenor in 2008 when the witnesses had no personal knowledge of their existence prior to 2014.

It also bears stressing that Suarez admitted that he was not able to actually see the pipes connected to the house of the accused.r= The same is true with prosecution witness Romero who was with Suarez in conducting the inspection. Romero failed to show proof that a pipe was indeed connected from the cistern tank to the residence of Villasenor. We could not give credence to his testimony that the water supply in the house of Villasenor was interrupted when they blocked the discovered blue pipeline as it was merely relayed to him by a certain caretaker of the property of Villasenor.

The testimony of prosecution witness Almadina did not in any way strengthen the prosecution's theory that accused caused the installation of the water pipelines. According to him, the Sangguniang Bayan granted the request of Hernandez to obtain water from Angnan Creek in Sitio Malapia, Barangay Samil in 2000. Hernandez then installed pipeline to draw water to his property. They sourced their water from the creek through the cistern tank Hernandez had constructed in his property, to which the pipeline was connected. His testimony rather proved that accused did not cause the installation of the subject pipelines since water pipes were installed as early as 2000 when Hernandez was still the owner of the property. This was supported by the testimony of the defense witnesses Fernandez and Villalon, who adequately explained that there was already a cistern tank to which pipelines were connected even before the accused bought the property from Hernandez.

There is therefore scarcity of evidence to establish that accused Villasenor was the one responsible for the installation of the water pipes for his residence in 2008, as alleged in the Information.

As to the issue of whether Villasenor gave undue advantage, unwarranted benefit or preference to himself from the alleged illegal water connection, thereby causing undue injury to the Municipality of Lucban, Quezon, we find that there is likewise no evidence to prove the same.

54 Id. at p. 3l. 55 TSN, July 28,2018, p. 26.

25 There are two (2) ways by which Section 3(e) of R.A. No. 3019 may be violated - first, by causing undue injury to any party, including the government, or the second, by giving any private party any unwarranted benefit, advantage or preferencc.w The accused may be charged under either mode or both. The disjunctive term "or" connotes that either act qualifies as a violation of Section 3(e) of R.A. 3019.

The term "undue injury" in the context of Section 3(e) of R.A. No. 3019 punishing the act of causing undue injury to the government or any party has a meaning akin to that civil law concept of "actual damage." The Court said so in Llorente) Jr. us. Sandiqanbauan.s? thus:

In jurisprudence, "undue injury" is consistently interpreted as "actual damage." Undue has been defined as "more than necessary, not proper, [or] illegal;" and injury as "any wrong or damage done to another, either in his person, rights, reputation or property [; that is, the] invasion of any legally protected interest of another." Actual damage, in the context of these definitions, is akin to that in civil law.

As discussed above, the prosecution fell short in proving that the pipes were actually connected to the residence of Villasenor. Hence, we cannot attribute to the accused the act of giving unwarranted benefit, advantage or preference to himself. Neither was it proved that the Municipality of Lucban, Quezon incurred undue injury or damage. We point out that prosecution witness Suarez prepared a Certification stating that the water consumption of Villasenor from 2008 to 2014 amounted to Php1,361,710.57. However, the prosecution failed to show how it arrived at such amount. Suarez himself admitted that he was not the one who computed the said amount but his assistant, Engr. Ferdinand Ebeza, who was not presented to testify on his computation.

Clearly, the third element is lacking so as to render Villasenor criminally liable for violation of Section 3 (e) of R.A. No. 3019.

Criminal Case Nos. SB-16-CRM-1232 and 1233

The accused had also been charged with violation of Sections 8(d) and 8(f) of R.A. No. 8041, otherwise known as the National Water Crisis Act of 1995, which provide:

56 Ampil v. Office of the Ombudsman, G.R. No. 192685, July 31,2013. 57 G.R. No. 122166 March 11, 1998.

26 SEC. 8. Anti-Pilferage. - It IS hereby declared unlawful for any person to:

x x x

(d) Tap, make, or cause to be made any connection with water lines without prior authority or consent from the water utility concerned; xxx

(f) Use or receive the direct benefit of water service with knowledge that diversion, tampering, or illegal connection existed at the time of that use, or that the use or receipt was otherwise without the authorization of the water utility; xxx

We find that the prosecution failed to show that accused committed any of those above-quoted acts.

As is the previous discussion, the prosecution failed to satisfactorily prove that it was Villasenor who caused the installation of the water pipelines. Municipal Engineer Villalon categorically recounted that the intake box, which supplied free water to Wilfredo Hernandez, was already in existence even before the SAKA-Ruwasa intake box was constructed. Moreover, both the prosecution and defense witnesses testified that the pipes connected to the Hernandez intake box were already in existence sometime in 2000, long before the accused acquired the property in 2009. Hence, it cannot be concluded that Villasenor tapped, made, or caused to make any connection with water lines at the SAKA-Ruwasa intake box for his residence.

In the same vein, there is no showing that Villasenor knowingly used or received direct benefit of water service from 2008 until September 11, 2014 from a diverted, tampered, or illegal connection, or that the use or receipt thereof was without authority from Apolinario Dela Cruz Waterworks System. It has been established that water pipelines were connected to the Hernandez intake box even prior to the SAKA-Ruwasa Project. It also bears reiterating the lack of concrete proof that water pipelines were actually connected to the residence of the accused. There is no basis therefore to hold him liable for the imputed act.

The guilt of the accused must be proved beyond reasonable doubt is the cardinal rule in our adversarial system

27 of justice.w The burden rests on the prosecution to prove that the accused is guilty of committing the offense charged. In this case, the prosecution failed to discharge its burden of proving accused Villasenor's guilt beyond reasonable doubt.

WHEREFORE, in light of all the foregoing, judgment IS here by rendered as follows:

1. In Criminal Case No. SB-16-CRM-1231, the Court finds that the prosecution failed to prove beyond reasonable doubt the guilt of accused Moises Bejar Villasenor, hence, he is here by ACQUITTED for the charge of violation of Section 3 (e) of Republic Act No. 3019, as amended.

2. In Criminal Case No. SB-16-CRM-1232, the Court finds that the prosecution failed to prove beyond reasonable doubt the guilt of accused Moises Bejar Villasenor, hence, he is hereby ACQUITTED for the charge of violation of Section 8(d) of Republic Act No. 8041.

3. In Criminal Case No. SB-16-CRM-1233, the Court finds that the prosecution failed to prove beyond reasonable doubt the guilt of accused Moises Bejar Villasenor, hence, he is hereby ACQUITTED for the charge of violation of Section 8(f) of Republic Act No. 8041.

The cash bond posted by the accused for his provisional liberty is ordered RELEASED, subject to the usual auditing and accounting procedures, and the Hold Departure Order issued against him is here by ordered LIFTED and SET ASIDE.

SO ORDERED.

WE CONCUR:

58 People vs. Abujan, G.R. No. 140870, 11 February 2004,422 SeRA 449.

28 ATTESTATION

I attest that the conclusions in the above Decision were reached in consultation before the case was assigned to the writer of the opinion of the Court's Division.

isiori

CERTIFICATION

Pursuant to Article VIII, Section 13 of the Constitution, and the Division Chairperson's Attestation, it is hereby certified that the conclusions in the above Decision were reached in consultation before the case was assigned to the writer of the opinion of the Court's Division.

29 /