Rivera v. People
G.R. No. 228154
October 16, 2019
FACTS:
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.
ISSUE:
Whether
or not the SB erred in its decision
HELD:
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.
