REPUBLIC OF THE PHILIPPINES Sandiganbayan Quezon City SIXTH DIVISION PEOPLE OF THE PHILIPPINES, SB-16-CRM-0334 Plaintiff, For: Violation of Section 7(d) of R.A. No. 6713 SB-16-CRM-0335 For: Direct Bribery - versus - Present: FERNANDEZ, SJ, JL, ANGELITO DURAN SACLOLO, JR., Chairperson BT AL. MIRANDA, J". and Accused. VIVERO, J. Promulgated: J tf X- -X DECISION FERNANDEZ, SJ, J. Accused Angelito Duran Saclolo, Jr. and Alfredo G. Ortaleza stand charged for violation of Article 210 of the Revised Penal Code^ and of Section 7(d) of R.A. No. 6713,2 for demanding and accepting the amount of PhP300,000.00 / from Ma. Linda Moya of Richworld Aire and Technologie&V 'Republic Act No. 3815 2 Code ofConduct and Ethical Standardsfor Public Officials and Employees, Februaiy 20, 1989 DECISION People vs. Saclolo et at. Criminal Case Nos. SB-16-CRM-0334 to 0335 Page 2 of63 X X Corporation (Richworld), in consideration for the immediate passage of a Sangguniang Panlungsod Resolution authorizing the construction of Globe Telecoms cell sites in Cabanatuan City. The Information in SB'16-CRM'0334 reads: For: Violation ofR.A. No. 6713, Sec. 7(d) That on April 10, 2013 or sometime prior or subsequent thereto, in the City of Cabanatuan, Nueva Ecija, Philippines and within the jurisdiction of this Honorable Court, the accused, Angelito Duran Saclolo, Jr. and Alfredo Garcia Ortaleza, both public officers, being then a Member of the Sangguniang Panlungsod and concurrent Chairman of the Committee on Transportation and Communications and Secretaiy to the Sangguniang Panlungsod, respectively, of Cabanatuan City, Nueva Ecija, while in the performance of their official functions, committing the offense in relation to their office and taking advantage of their official positions, conspiring and confederating with one another, did then and there willfully, unlawfully and criminally accept the amount of Three Hundred Thousand Pesos (P300,000.00) from Ma. Linda S. Moya, representative of Richworld Aire & Technologies Corporation, in the course of their official duties relative to the passage of a Sangguniang Panlungsod Resolution authorizing the construction of Globe cell site tower/antennas within Cabanatuan City, to the damage and prejudice of public interest. CONTRARY TO LAW. The Information in SB-IS-CRM-OSSS reads: For: Violation ofArticle 210 ofthe Revised Penal Code That on April 10, 2013 or sometime prior thereto, in the City of Cabanatuan, Nueva Ecija, Philippines and within the jurisdiction of this Honorable Court, the accused, Angelito Duran Saclolo, Jr. and Alfredo Garcia Ortaleza, both public officers, being then a Member of the Sangguniang Panlungsod and concurrent Chairman of the Committee on Transportation and Communications and Secretaiy to the Sangguniang Panlungsod, respectively. DECISION People vs. Saclolo et at. Criminal Case Nos. SB-16-CRM-0334 to 0335 Page 3 of63 X Cabanatuan City, Nueva Ecija, while in the performance of their official functions, committing the offense in relation to their office and taking advantage of their official positions, conspiring and confederating with one another, did then and there willfully, xinlawfully and criminally demand, solicit and receive the amount of Three Hundred Thousand Pesos (P300,000.00) from Ma. Linda S. Moya, representative of Richworld Aire & Technologies Corporation, in consideration for the immediate passage of a Sangguniang Panlungsod Resolution allowing or authorizing the construction of Globe cell site tower/antennas within Cabanatuan City, knowing fully well (a) that Richworld Aire 86 Technologies Corporation was applying for and securing a locational clearance for cell sites; and (b) that a Resolution from Sangguniang Panlungsod was not required for the issuance of a locational clearance for cell sites, which was executed and accomplished by the passage of an unapproved Ordinance, instead of a Resolution, to the damage and prejudice of public interest. CONTRARY TO LAW. Accused Saclolo and Ortaleza, assisted by their respective counsels, each pleaded not guilty to both charges.^ During the Pre-trial, the parties stipulated as follows: a. At the time material to the allegations in the Information, accused Saclolo and Ortaleza are public officers. Accused Saclolo was a member of the Sangguniang Panlungsod (SP) of Cabanatuan City, Nueva Ecija and Chairman of its Committee on Public Utilities and Facilities, while accused Ortaleza was the Secretary to the Sanggunian Panlungsod. b. Accused Saclolo is the Chairman of the Committee on Public Utilities and Facilities of Cabanatuan City, Nueva Ecija. c. At the time material to the allegations in the Information, Richworld Aire and Technologies Corporation filed with the office of the SP Secretary an application for the passage of a Resolution to allow the construction. 3 Records, Vol. 1, pp. 235 and 266, * Pre-Trial Order dated May 16, 2017, Record, Vol. 1, pp. 351-359. DECISION People vs. Saclolo et at Criminal Case Nos. SB-16-CRM-0334 to 0335 Page 4 of63 X maintenance, and operation of cell sites in Cabanatuan City. d. SP enacted Ordinance No. 013-2013 allowing Globe Telecom, Inc. to construct, install, operate, and maintain cell site/cell towers in Barangay Bakero and Sapang and the same was deemed approved on May 6, 2013. e. It was the private complainant who requested the SP of Cabanatuan City for the passage of a resolution to allow Globe Telecom, Inc. to construct, operate and maintain cell site towers in Barangay Bakero and Sapang, Cabanatuan City. The parties raised the following issues: a. The Prosecution Whether the accused violated the provisions of Article 210 of the Revised Penal Code and Section 7(d) of Republic Act No. 6713. b. Accused Saclolo Whether or not accused Saclolo is guilty as charged in the above-captioned cases. Whether or not accused has indeed demanded or received the amount of PhP300,000.00 from the private complainant. c. Accused Ortaleza Whether or not the accused Ortaleza is guilty of the crimes charged in the Informations. Whether or not there exists sufficient evidence to prove his complicity to the allegations in the Informations. EVIDENCE FOR THE PROSECUTION The prosecution presented as witnesses Atty. Romeo AlfredOy^ Linda S. l^oya,^ Grace Nilda T. Macallop,^ and Virginia M. Busog ^ 5 TSN dated May 16, 2017 ® TSN dated September 19, 2017 DECISION People vs. Saclolo et at. Criminal Case Nos. SB-16-CRM-0334 to 0335 Page 5 of63 Atty. Romeo C. Alfredo testified as follows: 1. He is the president and the legal counsel of Richworld Aire 85 Technologies Corp.^ 2. Richworld is a service provider for telecommunication companies. Richworld is engaged in site acquisition and is tasked to apply for permits from the local government to allow construction of cell sites and radio signals, 3. Sometime in Januaiy or Februaiy 2013, Richworld filed an application for the issuance of locational clearance, building permit and Sangguniang Panlungsod Resolution for the construction and operation of cell sites for Globe Telecom Inc., in Cabanatuan City. 4. Linda S. Moya, the Operations Manager of Richworld, asked him to assist her on the "SOP" demanded by accused Ortaleza and accused Saclolo, both local officials of Cabanatuan City, in exchange for the issuance of an SP Resolution.12 5. Ms. Moya told him that accused Saclolo initially asked for PhP220,000.00 but she haggled to reduce the amount to PhP200,000.00.i3 6. "SOP" is a so called "unofficial amoimt" paid to the local officials of Cabanatuan City, as a standard practice, to accommodate applications and to issue a Resolution. 7. They were scheduled to meet accused Ortaleza on April 8, 2013 to negotiate the "SOP." 8. On April 8, 2013, a Monday, he and Ms. Moya went to Cabanatuan Cily. They waited for the flag ceremony to end before proceeding to the office of accused Ortaleza. 9. Accused Ortaleza invited them to his cubicle^ and there, they discussed the reduction of the "SOP." ^ TSN dated November 9, 2017. ®TSN dated November 22, 2017. 9 p. 8. TSN dated May 16, 2017. p. 18, TSN dated Jiine 6, 2017. "p. 9, TSN dated May 16, 2017. « p. 9, TSN dated May 16, 2017. » pp. 10, TSN dated May 16, 2017. pp. 9-10, TSN dated May 16, 2017. » pp. 9-10, TSN dated May 16, 2017. >6 pp. 34, TSN dated June 6, 2017. "pp. 35, TSN dated June 6, 2017. DECISION People vs. Saclolo et at. Criminal Case Nos. SB-16-CRM-0334 to 0335 Page 6 of63 10. He asked accused Ortaleza to reduce the "SOP" from PhP200,000.00 to PhP100,000.00 per cell site. Afterwards, Ortaleza excused himself and stepped out of his cubicle. He heard Ortaleza, who was about 3 to 4 meters away, talk to someone over the phone, 11. After three to four minutes, accused Ortaleza told him that he talked to accused Saclolo who agreed to reduce the "SOP" to PhPl50,000.00 per cell site, or PhP300,000.00 in total. 12. Finding the amount too high, he asked accused Ortaleza if he can personally talk to the mayor. Accused Ortaleza replied that the mayor was busy.^o 13. He and Ms. Moya agreed to pay PhP150,000.00 per cell site, or PhP300,000.00 in total. They told accused Ortaleza that they would return and pay after two days.21 14. After two days, Linda Moya returned to Cabanatuan Cily with Grace Macallop to deliver the money to accused Ortaleza. He did not return to Cabanatuan City. 22 15. A couple of weeks thereafter, Linda Moya showed him a copy of Ordinance No. 013-2013 signed by the members of the Sanggunian.^^ 16. Linda Moya went back to Cabanatuan to follow up on the locational clearance. During that time, Virginia Busog of the Office of the City Planning and Development Office told Linda Moya that a Sanggunian Resolution was not necessary for the issuance of a locational clearance.