The Supreme Court held that an information charging a public officer with violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act must specifically allege that the accused acted with manifest partiality, evident bad faith, or gross inexcusable negligence. The failure to include this essential element renders the information invalid, preventing a valid conviction. This ensures that public officials are adequately informed of the charges against them and can properly prepare their defense.
Missing Elements, Dismissed Charges: When an Information Fails to Allege Essential Details in Anti-Graft Cases
This case, Dela Chica v. Sandiganbayan, revolves around an information filed against Graciano P. Dela Chica, the Municipal Mayor, and Evan C. Aceveda, the Municipal Engineer of Baco, Oriental Mindoro, for allegedly violating Section 3(e) of the Anti-Graft and Corrupt Practices Act (R.A. No. 3019). The Ombudsman accused them of causing undue injury to the government by making revisions to the municipal building’s completion without proper approval, leading to a cost deficiency. However, the information lacked a critical element: it did not allege that the actions were committed with “manifest partiality, evident bad faith, or gross inexcusable negligence.” This omission became the crux of the legal battle, ultimately leading to the dismissal of the charges.
The petitioners challenged the Sandiganbayan’s resolutions that ordered their suspension pendente lite and denied their demurrer to evidence, arguing that the information was invalid due to the missing element. They contended that the failure to specifically allege “manifest partiality, evident bad faith, or gross inexcusable negligence” rendered the information insufficient under the Rules of Criminal Procedure. In response, the respondents maintained that the information sufficiently stated the crime, as long as the statutory designation and the acts or omissions constituting the offense were distinctly stated. The Supreme Court, however, sided with the petitioners, emphasizing that every element of the offense must be accurately and clearly alleged in the information.
The Court reiterated that an information must state the acts or omissions complained of as constitutive of the offense. It is not enough to allege that the accused caused undue injury to the government; it must also be shown that this injury was caused through **manifest partiality, evident bad faith, or gross inexcusable negligence**. The absence of this allegation means that the information fails to establish an essential element of the crime, making it fatally defective. This requirement stems from the accused’s right to be informed of the nature and cause of the accusation against them, enabling them to prepare a proper defense. The law presumes that the accused lacks independent knowledge of the facts constituting the offense; hence, the need for a clear and precise information.
Section 3(e) of R.A. No. 3019, under which the petitioners were charged, specifically requires that the undue injury be caused through “manifest partiality, evident bad faith or gross inexcusable negligence.” The law provides:
SEC. 3. Corrupt practices of public officers – In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:
x x x x x x x x x
(e)
The absence of these key phrases is not a mere technicality. To be held criminally liable under Section 3(e) of R.A. 3019, the act causing undue injury must be done with evident bad faith or gross inexcusable negligence. Because good faith and regularity are presumed in the performance of official duties, the information must specifically allege these elements to overcome this presumption. Therefore, the Court emphasized that **manifest partiality, evident bad faith, or gross inexcusable negligence must be alleged with particularity** in the information.
While the respondents argued that by entering a plea of not guilty during the arraignment, the petitioners waived their right to object to the sufficiency of the information, the Court rejected this argument. Although failure to assert grounds for a motion to quash before pleading to the information generally constitutes a waiver, exceptions exist. One such exception applies when no offense is charged. Since the information in this case failed to sufficiently charge the offense due to the missing essential element, the petitioners were not precluded from attacking its validity even after arraignment. Ultimately, the Supreme Court granted the petition, setting aside the Sandiganbayan’s resolutions and dismissing the information against the petitioners.
FAQs
| What was the key issue in this case? | The key issue was whether an information charging a violation of Section 3(e) of R.A. 3019 must specifically allege that the accused acted with manifest partiality, evident bad faith, or gross inexcusable negligence. |
| What is Section 3(e) of R.A. 3019? | Section 3(e) of R.A. 3019, also known as the Anti-Graft and Corrupt Practices Act, prohibits public officers from causing undue injury to any party, including the government, through manifest partiality, evident bad faith, or gross inexcusable negligence. |
| Why did the Supreme Court dismiss the information against the petitioners? | The Supreme Court dismissed the information because it failed to allege that the petitioners’ actions were committed with manifest partiality, evident bad faith, or gross inexcusable negligence, which is an essential element of the crime. |
| What does “manifest partiality” mean in the context of this law? | “Manifest partiality” refers to a bias or prejudice that excites a disposition to see and report matters as they are wished for rather than as they actually are. |
| What does “evident bad faith” mean? | “Evident bad faith” connotes not only bad judgment or negligence but also a dishonest purpose or conscious wrongdoing. |
| What does “gross inexcusable negligence” mean? | “Gross inexcusable negligence” is negligence characterized by the want of even slight care, or acting or omitting to act in a situation where there is a duty to act willfully and intentionally, with a conscious indifference to consequences. |
| Can an accused question the validity of an information after entering a plea of not guilty? | Generally, failure to raise objections to an information before pleading to it constitutes a waiver; however, exceptions exist, such as when the information fails to charge an offense, as was the case here. |
| What is the practical implication of this ruling for public officers? | This ruling emphasizes the importance of ensuring that any information filed against public officers for violating Section 3(e) of R.A. 3019 includes all essential elements of the crime, including manifest partiality, evident bad faith, or gross inexcusable negligence. |
This case underscores the importance of precisely and accurately alleging all the essential elements of a crime in an information. The omission of a key element, such as manifest partiality, evident bad faith, or gross inexcusable negligence in cases involving Section 3(e) of R.A. 3019, can render the information fatally defective, leading to the dismissal of the charges. This requirement protects the rights of the accused to be properly informed of the charges against them and to prepare an adequate defense.
For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.
Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Dela Chica, G.R. No. 144823, December 8, 2003
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