Rivera v. People


Rivera v. People

G.R. No. 228154

October 16, 2019


                The accused William Ramirez, a high-ranking public officer being then the PSC, and others, all being employees of the PSC acting as such, while in the performance of their official duties and functions, taking advantage of their official position and committing the offense in relation to their office, through manifest partiality, give unwarranted benefits, advantage or preference to Elixir Sports Company with PSC-BAC enabling Elixir to post its bid without competition.


                Whether or not the SB erred in its decision


                Yes. Sec. 3 (e) of RA 3019 provides – Causing any undue injury to any party, including the gGovernment, 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.

                The SB concluded that the petitioners had conspired to favor Elixir from the start. This conclusion cannot be upheld. Nospecific showing was made to the effect that R. Magaway had obtained advance information or had been given any definite information on the proposed procurement; or that, if such was the case, the petitioners had assisted in his obtention of such advance information. Thereby, the Sandiganbayan apparently indulged in plain conjecture.

                The observation by SB that PSC-BAC members had exhibited manifest partiality in favor of Elixir during the post-qualification proceedings by declaring Elixir as a qualified bidder despite being organized as a partnership only on Nov 20, 2006 for being in contravention of the requirement for bidders to have been in existence and doing business for at least three years were unwarranted. Accused-appellant, acquitted.





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