FACTS defect of the Information" in failing to allege that the giving of

unwarranted benefits and advantages was done through manifest

In 1996, then Vice-Mayor Lucido and other local officials of Koronadal City, partiality, evident bad faith or gross inexcusable negligence. On January
South Cotabato filed a letter-complaint with the Office of the Ombudsman- 2006, the Sandiganbayan suspended the Petitioner for 90 days. The
Mindanao charging Petitioner Miguel, among others, with violation of RA petitioner filed an MR but was denied, thus prompting this petition.
3019, in connection with the Koronadal City public market project. The
Ombudsman directed the petitioner to submit his counter-affidavit. After ISSUE: WON the Information charging the petitioner with violation of
moving for an extension, the petitioner filed his counter-affidavit. In its Section 3(e) of R.A. No. 3019, was valid
1999 Resolution, the Ombudsman found probable cause against the
petitioner and some private individuals for violation of RA 3019, and the RULING
petitioner alone for Falsification of Public Document under Article 171 of
The Information for violation of R.A. No. 3019 is valid.
the RPC. On March 1 2000, the Ombudsman filed the corresponding
Informations with the Sandiganbayan: (see Notes) In deference to the constitutional right of an accused to be informed of the
nature and the cause of the accusation against him, Section 6, Rule 110 of
Upon petition by the petitioner’s co-accused, the Sandiganbayan ordered
the Revised Rules of Criminal Procedure requires, inter alia, that the
the OSP to conduct a reinvestigation. The petitioner through his counsel
Information shall state the designation of the offense given by the
orally moved for a reinvestigation which was granted, and gave the
statute and the acts or omissions imputed which constitute the offense
petitioner 10 days to file his counter-affidavit with the OSP. Instead of
charged. Additionally, the Rules requires that these acts or omissions and
complying, petitioner continued to ask for extensions from the
its attendant circumstances "must be stated in ordinary and concise
Sandiganbayan. The petitioner failed to file his counter-affidavit prompting
language" and "in terms sufficient to enable a person of common
Prosecutor Ruiz to declare that the petitioner waived his right to submit
understanding to know what offense is being charged x x x and for the
countervailing evidence. Ombudsman Desierto approved the resolution.
court to pronounce judgment.
On August 2001, Prosecutor Ruiz asked the Sandiganbayan for the
The test of the information’s sufficiency is whether the crime is described
arraignment and trial of the petitioner and of the other accused private
in intelligible terms and with such particularity with reasonable certainty
individuals. After several extensions, on August 2002, petitioner filed a
so that the accused is duly informed of the offense charged. In particular,
Motion to Quash and/or Reinvestigation for the criminal cases against him.
whether an Information validly charges an offense depends on whether
The Sandiganbayan denied the motion because of the pending OSP
the material facts alleged in the complaint or Information shall establish
reinvestigation despite the OSP’s termination due to the petitioner’s
the essential elements of the offense charged as defined in the law. The
failure to submit his counter-affidavit. On November 2004, petitioner was
raison d’etre of the requirement in the Rules is to enable the accused to
arraigned and pleaded not guilty in both cases.
suitably prepare his defense.
On April 2005, the OSP filed a Motion to Suspend the petitioner Pendente
Given the supposed ambiguity of the subject being qualified by the phrase
Lite. The petitioner filed his opposition based on the "obvious and fatal
"acting with evident bad faith and manifest partiality," the remedy of the
petitioner, if at all, is merely to move for a bill of particulars and not for the
quashal of an Information which sufficiently alleges the elements of the
offense charged. PETITION DISMISSED.

Notes:

“That on 10 January 1995 or sometime prior or subsequent thereto, in the

Municipality of Koronadal, South Cotabato, Philippines, and within the
jurisdiction of this Honorable Court, the [petitioner], a high ranking public
officer in his capacity as former Municipal Mayor of Koronadal, South
Cotabato, and as such while in the performance of his official functions,
committing the offense in relation to his office, taking advantage of his
official position, conspiring and confederating with the private [individuals]
xxx acting with evident bad faith and manifest partiality, did then and there
willfully, unlawfully and criminally give unwarranted benefits and
advantages to said [accused], by inviting them to participate in the
prequalification of consultants to provide the Detailed Architectural &
Engineering Design and Construction Supervision and Management of the
proposed Koronadal Public Market, without causing the publication of said
invitation in a newspaper of general circulation, thereby excluding other
consultants from participating in said prequalification.”