Criminal Law, 2022 Bar — Question 15

ESSAY

In 2003, the Province of Davao del Sur purchased two vehicles for the use of the Governor and Vice Governor, respectively. The purchase requests, which were all signed by Luis as then Governor of the province, requested for the acquisition of one unit of Ford Ranger XLT 4x4 and one unit of Toyota Hilux 4x4. The procurement of the subject vehicles did not undergo competitive public bidding as it was effected through direct purchase. The mode of procurement was approved by the members of the Bids and Awards Committee (BAC) of the province. The two vehicles were delivered to the provincial government, and after inspection and acceptance by the concerned officials, payments were issued to the suppliers. Subsequently, a complaint was filed by a concerned citizen before the Office of the Ombudsman-Mindanao (OMB) claiming that the purchase of the provincial government violated the procurement law. The OMB, after due investigation, verified that the provincial government did not comply with the required procedure of the procurement law. Based on this finding, the OMB filed with the Sandiganbayan an Information against Luis and the members of the BAC for violation of Section 3(e) of Republic Act No. 3019. The Sandiganbayan found Luis and the members of the BAC guilty on the sole reason that violation of the procurement law constitutes evident bad faith and manifest partiality on the part of the accused. Is the Sandiganbayan correct? Explain briefly. (5 points)

You can write freely without an account. Sign in to reveal the suggested answer and track your progress.