Lucman v. People

 

Lucman v. People

G.R. No. 238815

March 18, 2019

FACTS:

                On 8 September 2009 to 16 October 2009, or sometime prior or subsequent thereto in General Santos City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, RACQUIL-ALI M. LUCMAN, a public officer being then the OIC-Regional Executive Director of the Department of Environment and Natural Resources, Region XII, committing the offense in relation to and in abuse of his office, did then and there willfully, unlawfully, and criminally request for himself the amount of Two Million Five Hundred Thousand Pesos (P2,500,000.00) from Sergio Balolong, Aladin Saydala, and Hadji Abdulwahid D. Bualan, and actually receive the amount of One Million Five Hundred Thousand Pesos (P1,500,000.00) from the said parties, in consideration for the assistance of accused Lucman in the investigation, processing, and approval of the aforementioned parties' application over two (2) parcels of alienable and disposable public lands located at Brgys. Olympog and Tambler, General Santos City.

ISSUE:

                Whether or not the Sandiganbayan correctly convicted Lucman for the crime of violation of Sec. 3 (c) of RA 3019.

HELD:

                Yes. Section 3 (c) of RA 3019 states: 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: (c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act. The elements of the crime charged are as follows:

1.)the offender is a public officer; (2) he has secured or obtained, or would secure or obtain, for a person any government permit or license; (3) he directly or indirectly requested or received from said person any gift, present or other pecuniary or material benefit for himself or for another; and (4) he requested or received the gift, present or other pecuniary or material benefit in consideration for help given or to be given.

It is undisputed that Lucman was a public officer at the time the offense was committed, then being the OIC-RED of the DENR, Region XII. As the OIC-RED, he had the authority to grant applications for Free Patents, such as the ones filed by private complainants.  It was likewise established through the testimony of Bualan and the evidence on record that Lucman demanded Two Million Five Hundred Thousand Pesos (P2,500,000.00) and actually received One Million Five Hundred Thousand Pesos (P1,500,000.00 from private complainants, and that these amounts were for and in consideration of the grant of their applications. Wherefore, Raquil-Ali Lucman is found guilty of violation of sec 3 (c) of RA 3019.