Vs Sandiganbayan and People of The Philippines: Danilo O. Garcia and Joven Sd. Brizuela, Carpio, J.

DANILO O. GARCIA AND JOVEN SD.
BRIZUELA,
vs SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES
CARPIO, J.:
Facts:
On or about August 1992, and for sometime prior or subsequent thereto, in Quezon City
and Baguio City, Philippines, the accused namely: Maj. Gen. Cesar Nazareno, then Director
General, Philippine National Police (PNP); P/Dir. Guillermo Domondon, then Director for
Comptrollership, PNP; C/Supt. Armand Agbayani, then Regional Director, Cordillera Regional
Command (CRECOM), PNP; P/Supt. Van Luspo, then Chief, Fiscal Division, Budget and Fiscal
Services, Office of the Director for Comptrollership, PNP; C/Insp. Joven Brizuela, then
Disbursing Officer, CRECOM, PNP; C/Insp. Juan Luna, then Finance Officer, CRECOM, PNP;
and C/Insp. Danilo Garcia, then Comptroller, CRECOM, PNP, while in the performance of their
official functions, committing the offense in relation to their office, conspiring and confederating
with each other, did then and there, willfully, unlawfully and criminally, with evident bad faith,
cause undue injury to the government by: approving without budgetary basis the release of
Advise of Sub–Allotment SN No. 4363 dated August 11, 1992 in the amount of PHP
5,000,000.00 and Advise of Sub–Allotment SN No. 4400 dated August 18, 1992 in the amount
of PHP 15,000,000.00 for the procurement of combat, clothing and individual equipment (CCIE)
for the use of PNP personnel of CRECOM, La Trinidad, Benguet; causing to be issued and
encashed Land Bank Check Nos. 037483 to 037533, 037584 to 037611, 037613, 037615 to
037777, 037779 to 037783, 137612 and 137614 with an aggregate amount of TWENTY
MILLION PESOS (PHP 20,000,000.00), Philippine Currency, for payment of ghost purchases of
the said CCIE items; falsifying the signatures of the military personnel listed in the payroll of
CRECOM to make it appear therein that the military personnel of CRECOM have received the
said CCIE items; and, thereafter, misappropriating the said amount of PHP 20,000,000.00 to the
damage and prejudice of the government.
Issue:
Whether or not the accused committed manifest partiality, evident bad faith or gross
inexcusable negligence in the performance of their public functions.
Ruling:
The three essential elements for violation of Section 3(e) of RA 3019 are: (1) that the
accused is a public officer discharging administrative, judicial or official functions; (2) that the
accused acted with manifest partiality, evident bad faith or gross inexcusable negligence; and (3)
that the accused caused undue injury to any party including the Government, or giving any
private party unwarranted benefits, advantage or preference in the discharge of his functions.
The different modes by which the crime may be committed through “manifest partiality,”
“evident bad faith,” or “gross inexcusable negligence.” The Court stated that Section 3(e) of RA
3019 may be committed either by dolo, as when the accused acted with evident bad faith or
manifest partiality, or by culpa, as when the accused committed gross inexcusable negligence.
There is “manifest partiality” when there is a clear, notorious, or plain inclination or predilection
to favor one side or person rather than another. “Evident bad faith” connotes not only bad
judgment but also palpably and patently fraudulent and dishonest purpose to do moral obliquity
or conscious wrongdoing for some perverse motive or ill will. “Evident bad faith” contemplates
a state of mind affirmatively operating with furtive design or with some motive or self–interest
or ill will or for ulterior purposes. “Gross inexcusable negligence” refers to negligence
characterized by the want of even the slightest care, acting or omitting to act in a situation where
there is a duty to act, not inadvertently but willfully and intentionally, with conscious
indifference to consequences insofar as other persons may be affected.

Vs Sandiganbayan and People of The Philippines: Danilo O. Garcia and Joven Sd. Brizuela, Carpio, J.

Uploaded by

Copyright:

Available Formats

Vs Sandiganbayan and People of The Philippines: Danilo O. Garcia and Joven Sd. Brizuela, Carpio, J.

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Vs Sandiganbayan and People of The Philippines: Danilo O. Garcia and Joven Sd. Brizuela, Carpio, J.

Uploaded by

Copyright:

Available Formats

DANILO O. GARCIA AND JOVEN SD.

You might also like