People Of The Philippines v. Edwin D. Velez

SR., J.:

Before the Court is a petition for review on certiorari of the Resolution1 of the Fourth Division of the Sandiganbayan (SB) dated January 9, 1997 in Criminal Case No. 243072 granting the Motion to Withdraw Information filed by the Office of the Ombudsman and the Resolution3 of the SB denying the Motion for Reconsideration of petitioner Ignacio J. Salmingo of said resolution. The Antecedent Proceedings Petitioner Ignacio Salmingo, a former member of the Sangguniang Panlalawigan of Silay City, filed an affidavit-criminal complaint with the Office of the Ombudsman (for Visayas) charging respondents with: 1. Installing and operating a rock crusher without the required Environmental Clearance Certificate (ECC) from the DENR; 2.

Incurring an overdraft against appropriation in the amount of ₱3.991M, in violation of Section 158 of the Government Accounting and Auditing Manual; 3. Entering into a transaction that is grossly or manifestly disadvantageous to Silay City, in violation of Sec. 3 (g) of RA No. 3019; 4. Malversation of ₱2.528M in violation of Art. 217 of the RPC; and 5.

Technical Malversation of at least ₱11.648M in violation of Sec. 305 (a) of the Local Government Code and Art. 220 of the RPC.4 Salmingo alleged, inter alia, in his affidavit-criminal complaint that: x x x the respondent City Mayor, Edwin D. Velez, on January 05, 1995, requested the Sangguniang Panlungsod (SP) of Silay City for authority to enter into a loan agreement with the Land Bank of the Philippines (LBP) for the purpose of purchasing a rock crusher (Annex 'B'). The SP of Silay City then passed Resolution No. 563, giving such authority to Mayor Velez to negotiate for a ₱10M loan from the LBP and to mortgage the City's patrimonial properties, among others. The complainant pointed out that said SP Resolution No. 563 did not specify that the loan proceeds will be used to procure a rock crusher, or for any other purpose.

That the SP of Silay City also did not officially approve any appropriation ordinance authorizing that any proposed LBP loan, or any other fund of the Silay City local government, shall be used to purchase a rock crusher or related equipment. But sometime in February 1995, allegedly even before final approval and release of proceeds of the LBP loan, and without any SP appropriation, Mayor Velez accepted the delivery of rock crusher and related heavy equipments (sic) from the supplier, YY & Company of Mandaue City, and during the same month caused the payment to the same supplier of the following sums: QTY. DESCRIPTION AMOUNT One (1) unit Komatsu Payloader ₱1,650,000.00 One (1) unit Fuso Dump Truck ₱1,438,000.00 One (1) unit Caterpillar Bulldozer ₱3,445,000.00 One (1) set Used Rock Crusher ₱5,115,000.00