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SB-20-A/R-0019 People Vs. Agustin E. Ocampo, Et

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SB-20-A/R-0019 People Vs. Agustin E. Ocampo, Et REPUBLIC OF THE PHILIPPINES ~anbiganha~an Quezon City FIRST DIVISION PEOPLE OF THE PHILIPPINES, Plaintiff-Appel/e, - versus - CRIM. CASE NO. S8-20-A/R-0019 AGUSTIN E. OCAMPO, Punong Barangay RAMIL S. MORENA, Barangay Treasurer CARLITO P. ADUANA, Kagawad, All of: Barangay Lag-on, Daet, Camarines Norte, Accused-appel/ant. Present: DE LA CRUZ, J., Chairperson ECONG, J. CALDONA, J. Promulgated on: o 1 JUL 2021 )(- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -)( DECISION DE LA CRUZ, J.: On appeal before this Court is the Decision, dated September 10, 2018, of the Regional Trial Court (RTC) of Daet, Camarines Norte, Branch 39, convicting accused-appellants Agustin E. Ocampo and Carlito P. Aduana, for violation of Section 3(e) of Republic Act No. 3019, otherwise known as the "Anti-Graft and Corrupt Practices Act," in its Criminal Case No. 14674. The Antecedents On September 22, 2010, the Office of the Ombudsman DECISION PP. vs. Agustin E. Ocam 0, et.a/. Case No. SB-20-A/R-001 Page 2 0'20 x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x (OMB) issued a Review Resolution in OMB-L-C-09-0445-H,1 directing the filing of a lntormetiotr for violation of Sec. 3(e) of RA 3019, charging accused-appellants Punong Barangay Agustin E. Ocampo (Ocampo), Barangay Treasurer, Ramil S. Morena (Morena), and Barangay Kagawad, Bids and Awards Committee Chairperson Carlito P.Aduana (Aduana). The Information reads: That on or about 6 June 2008, or sometime prior or subsequent thereto, in Daet, Camarines Norte, Philippines, and within the jurisdiction of this Honorable Court, the following accused: a. Agustin E. Ocampo (SG 14), a public officer being then the Punong Barangay of Barangay Lag-on, aet, Camarines Norte; b. Ramil S. Morena (SG 10), a public officer being then the Barangay Treasurer of Barangay Lag- on, Daet, Camarines Norte and c. Carlito P. Aduana, (SG 10), a public officer being then the Barangay Kagawad of Barangay Lag-on, Daet, Camarines Norte, committing the offense in the discharge of their official functions, acting together, conspiring and confederating with one another, with manifest partiality, evident bad faith and gross inexcusable negligence, did then and there, willfully, unlawfully and criminally, grant an unwarranted benefit to one Larry V. Navarro in the amount of TWO HUNDRED FIFTY THOUSAND PESOS ("250,000.00), Philippine Currency, by purchasing from one Larry V. Navarro one Mitsubishi Delica, identified through Plate Number XNA 867, out of public funds, namely, the barangay fund of Barangay Lag-on, Camarines Norte, as evidenced by Land Bank of the Philippines Check No. 2811167, through an unnumbered and undated voucher, three (3) days before the completion of canvass on 9 June 2008 and twenty four (24) days before the conduct of public bidding on 30 June 2008, both pertaining to the procurement of said vehicle, as a result of which all other possible suppliers were deprived of the opportunity to participate. CONTRARY TO LAW. 1 Records, pp. 119-122. 2 Records, pp. __ . DECISION PP. vs. Agustin E. Ocam 0, et.a/. Case No. SB-20-A/R-0019 Page 3 of20 x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x Upon being arraigned, accused-appellants Ocampo and Aduana, pleaded not uilty to the charge against them.' Meanwhile, ace sed Morena (whose provisional release was granted upon posting bail), 4 challenged his inclusion in the Information, arguing that his inclusion was merely the result of "inattention or oversight," warranting the exclusion of his name and thus, the dismissal of t e case against him." On November 23, 2012, the RTC issued an Order, 6 dismissing the case a against accused Morena. The Court found no probable cause to hold him for trial. During pre-trial," the prosecution and the defense stipulated on the identities of accused Ocampo and Aduana, that is, they are the same persons charged in the Information, and that at the time material to the case, Ocampo and Aduana were the Punong Barangay and Baran ay Kagawad, respectively, of Brgy. Lag-on, Daet, Camarines Norte. Aduana admitted the existence of the Mitsubishi Delica van ith Plate No. XNA 867, but Ocampo denied it. Both Ocampo and Aduana denied the purchase of the said vehicle and the holding of public bidding for its purchase. Aduana admitted that the fun s for its purchase came from the barangay, and Ocampo, while similarly admitting it, qualified that there was proper appropriation. The trial against accused-appellants Ocampo and Aduana ensued. During the trial, the prosecution presented as witnesses Francisco Sarion," Baby Jeany Orendain,? Jesus Reblora, Jr., 10 Alberto Rafer 11 and Maria Elizabeth Escueta. 12 Appellants Ocampo and Aduana, through counsels, manifested in open court 3 Certificate of Arraignment and RTCOrder both dated Sept. 19,2012; RTC Records, p.p.140-14l. 4 RTC Order dated May 11, 2011; RTC Records, p.10l. 5 Motion for Judicial Determination of Probable Cause and/or Motion for Reconsideration, dated May 26, 2011; RTC Records, p.106. 6 RTC Order, dated November 23,2012; RTC Records, p.147. 7 RTC Pre-Trial Order, dated September 12, 2013. 8 TSN dated Aug. 6, 2014 and TSN dated Oct. 4, 2016. 9 TSN dated April. 21, 2015. 10 TSN dated Feb. 3, 2016. 11 TSN dated June 7, 2016. 12 TSN dated June 1, 2017. DECISION PP. vs. Agustin E. Ocam 0, et.a/. Case No. SB-20-A/R-0019 Page 4 0'20 x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x during the hearing on October 4, 2017, that they opted not to present evidence for a d in their behalf." The evidence of the prosecution and the stipulations between the prosecution and the defense established that during his incumbency as Punong Barangay of Barangay Lag-on, Camarines Norte, Ocampo and t en Barangay Kagawad Aduana, also then the Chairman of the Bids and Awards Committee of the said Barangay, in such ca acities, were responsible for the purchase of the Mitsubishi Delica an, with plate number XNA 867, from one Larry Navarro." They released on June 6, 2008, the Landbank Check No. 0281167, ated June 6,2008, payable to Larry Navarro, as payment for the sai vehicle in the amount of P250,000.00.15 Ocampo unilaterally executed the sale of the subject vehicle with a certain Larry Navarro. Aduana was the one who issued the Notice of Eligibility to Navarro, the seller, in the absence of documents required in the conduct of public bidding, such as the BIR-received financial statement, Tax Return and Tax Clearance." Moreover, Navarro was neither the registered owner of the subject vehicle, nor was he a licensed vehicle dealer. The registered owner of the van was one Roldan Serrano. The van's oldest registration was on ctober 20, 2003 at the LTO in Subic Bay. From 2005 to 2007, the registration was renewed at the LTO Batangas. Its latest registration which was renewed at the LTO Daet, Camarines Norte, was on July 10, 2015 still in the name of Serrano. 17 While the subject vehicle had been in the possession of and is being used by Barangay Lag-on, Daet, Camarines Norte, its registration is still in the name Serrano.18 Instead of cond cting public bidding for the acquisition of the said vehicle, the accused resorted to canvass where Navarro emerged as the 10 est bidder with the bid of P270,000.00. However, Landbank Check No. 0281167, in the amount of P250,000.00 was released to Navarro as payment for the vehicle 13 RTCOrder, dated October 4,2017. 14 Exhibit J, Records, p. 35. 15 Exhibit A, Records, p.84; TSN, dated August 6,2014, pp. 11-12. 16 Exhibits Band D, Records, pp. 27, 89. 17 Exhibits Kto K-6, Records, pp. 266-272; TSN, dated October 4, 2016, p. 6; TSN, dated June I, 2017, pp.6-10. 18 Ibid. DECISION PP. vs. Agustin E. Ocam 0, et.a/. Case No. SB-20-A/R-0019 Page 5 0'20 x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x on June 6, 2008. The Deed of Sale of the vehicle was signed by Navarro. It turned out that the fund used to purchase the vehicle was not covered by barangay appropriation duly approved by the Sangguniang Sayan of Daet, Camarines Norte. 19 In an effort to regularize the transaction, a bidding of the said vehicle was scheduled on June 30, 2008 although the fund for the payment thereof had been released as early as June 6, 2008.20 The following etails appeared in the Audit Observation Memorandum of the Commission on Audit." xxx The above cited limitations are not however obtaining in the barangay fina cial transaction as observed based on the evaluation of the documents relative to the barangay purchase of the Mitsubishi Van (Delica) Automatic the details of which were as follows: Details of Payment Name of payee Larry U. Navarro Sta. Rosa, Laguna and Almond corner Malave Tropical Tagaytay City Description of Vehicle Mitsubishi Van (Delica) Automatic Paid under LBP Check No. 0281167 Dated June 6, 2008 P250,000.00 thru unnumbered and undated voucher The documents submitted revealed the calendar of activities as follows: Particular Dates Date of PR May 30,2008 Date of PO None Date of Check June 6,2008 Date of Cavass June 9, 2008/June 5, 2008 Date of Scheule Bidding June 30, 2008 Date of BAC Recommendation None Date of Deed of Absolute Sale June 6,2008 Evidently, the procurement of the aforecited vehicle while it was not in accordance with the procurement law was more 19 Exhibit A, Records, p. 84. 20 Exhibits Band D, Records, pp. 27, 89; TSN, dated February 3, 2016, pp. 3-9. 21 Exhibits Band D, Records, pp. 27, 89. DECISION PP. vs.
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