“Familial bias has always been prevalent in our Filipino culture. On many occasions, the scales of preference had shifted in favor of a family member or ‘kamag-anak’ (relative), often sacrificing merit or due process.”
The prevalence of “familial bias” was lamented by the Sandiganbayan as it warned that the anti-graft law “does not permit such bias to seep into our government processes, lest we become more a government run by the rule of man and not by the rule of law.”
Thus, the court said that “when a barangay captain and a barangay treasurer allegedly sidestepped what should have been a legally mandated bidding process just to favor the former’s relative, the law must step in.”
In a decision written by Associate Justice Ma. Theresa Dolores C. Gomez-Estoesta, chairperson of the court’s seventh division, the Sandiganbayan affirmed the judgment of conviction meted out by the regional trial court (RTC) on two barangay officials for violation of the Anti-Graft and Corrupt Practices Act
The RTC found Barangay Captain Roy Hunnob of Dulao, Lagawe, Ifugao and Treasurer Salvador Galeon guilty of graft. They were sentenced to six to nine years imprisonment with perpetual disqualification from holding public office.
Initially, the RTC ruling was elevated to the Court of Appeals (CA) which affirmed the conviction. However, the Supreme Court (SC) – ruling that the CA has no jurisdiction on the appeal – vacated the CA’s decision and remanded the case to the Sandiganbayan.
The charge against Hunnob and Galeon arose from the payment in 2007 of P67,200 to Caroline B. Hunnob, sister of the barangay captain, for the “fictitious delivery” of a 25-horsepower speedboat.
In their appeal, the barangay captain and the treasurer told the anti-graft court that the RTC erred in its finding that they gave unwarranted benefits, advantage, or preference to Caroline in the discharge of their functions.
They claimed that Hunnob's relationship to the speedboat supplier is not proof enough to hold them liable for graft because both of them acted in good faith.
In affirming the conviction, the anti-graft court said: "What happened in this case is the very evil the law sought to avoid. Despite a failed public bid, assuming one was indeed made in the first place, the fact that the contract was eventually awarded to the sister of the barangay captain, who had control over the procurement process as head of the procuring entity, spells nothing but suspicion of favoritism and anomalies in the execution of public contracts."
The court said that Caroline should have been automatically disqualified from the procurement process, and failing to disqualify her was a "blatant disregard of the law and legal processes."
The Sandiganbayan ruled:
“Here, there being no mitigating or aggravating circumstances attendant, accused-appellants were correctly meted the indeterminate penalty of six (6) years and one (1) month, as minimum, to nine (9) years and eight (8) months, as maximum, being within the range of the prescribed penalty. The perpetual disqualification to hold public office is the accessory penalty.
“It suffices that Caroline Hunnob returned the P67,200 to the LGU (local government unit) of Barangay Dulao. Accordingly, no civil liability can be adjudged against the accused-appellants.
“Wherefore, considering the foregoing, the instant appeal is dismissed. The Decision of the Regional Trial Court finding accused Roy Hunnob and Salvador Galeon guilty of the crime of Violation of Section 3(e) of Republic Act 3019 is affirmed in toto.”
Associate Justices Zaldy V. Trespeses and Edgardo M. Caldona concurred in the 41-page decision.