The Sandiganbayan has affirmed the decision of the Tacloban City regional trial court (RTC) that convicted of graft a former barangay captain in Leyte in the illegal demolition of houses in 1999.
Upheld was the April 11, 2022 conviction of then barangay captain Jovito M. Tupaz of Barangay M.H. Del Pilar in Dulag town. He was sentenced by the RTC to a prison term ranging from six to eight years with perpetual disqualification to hold public office.
Also affirmed was the P100,000 in temperate damages which Tupaz has to pay complainant Lutgardo T. Arce with six percent interest per annum until fully paid.
RTCs have concurrent jurisdiction with the Sandiganbayan over cases filed against government officials and employees with Salary Grade 26 and below. The RTC rulings are appealable before the Sandiganbayan.
In his appeal, Tupaz told the anti-graft court that he could not be convicted because “evident bad faith” was not expressly alleged in the charge sheet filed against him.
However, the court found his argument without merit and said that the use of the phrases "evident bad faith, manifest partiality, gross inexcusable negligence" does not mean that the indictment charged three distinct offenses.
"Each is actually distinct from the others. Proof of any of these three modes in connection with the prohibited acts mentioned in Section 3(e) of Republic Act No. 3019 (the Anti-Graft and Corrupt Practices Act) is enough to convict," the court explained.
"All things considered, i.e. the facts, circumstances, applicable laws and jurisprudence on the issue raised in the instant case, the Court finds that the prosecution has proven and established beyond reasonable doubt that accused-appellant (Tupaz) committed the violation of by giving unwarranted benefit to the Legaspis (owners of the lot) through manifest partiality and gross inexcusable negligence, which resulted to damage and prejudice of private complainants," the court ruled.
Sandiganbayan’s Fifth Division Chairperson Rafael R. Lagos wrote the 33-page decision dated Feb. 17, 2023 with the concurrence of Associate Justice Maria Theresa V. Mendoza-Arcega and Maryann E. Corpus-Mañalac.