GENEROSO TRIESTE, SR.

, petitioner,
vs.
SANDIGANBAYAN (SECOND DIVISION), respondent.

DOCTRINE/TOPIC: RA 3019 Anti-Graft and Corrupt Practices Act

FACTS:

Petitioner Generoso Trieste is charged for 12 separate violations of Section 3(h) of RA 3019 as he
used his position as a Municipal Mayor and member of the Committee on Award of the Municipality of
Numacia, Aklan to commit said crime. Accused issued 12 municipal vouchers for the purchase and
payment of construction materials from Trigen Corporation wherein he had prior divestment of shares
with.

It was then discussed and argued by the petitioner that the prosecution failed to establish the
presence of all the elements of the offense, and more particularly to adduce proof that petitioner has,
directly or indirectly, a financial or pecuniary interest in the imputed business contracts or transactions.

Petitioner sought to establish that before he assumed office as mayor on March 3, 1980, he had
already sold his shares with Trigen to his sister Mrs. Rosene Trieste-Tuason. The sale was made by
corresponding indorsements to her stock certificate which was duly recorded in the stock and transfer
book of the corporation.

Respondent Sandiganbayan however doubts the sale because the same was not reported to the SEC.
SEC records, as the prosecution evidence show, do not reflect the sale and petitioner still appears as the
firm's President.

ISSUE:

WON the accused if guilty beyond reasonable doubt for the crime of violating Section 3(h) of
RA 3019.

RULING:

NO. What is contemplated in Section 3(h) of the anti-graft law is the actual intervention in the
transaction in which one has financial or pecuniary interest in order that liability may attach. The
official need not dispose his shares in the corporation as long as he does not do anything for the firm in
its contract with the office. For the law aims to prevent the don-tenant use of influence, authority and
power.

There is absolutely no evidence that petitioner had, in his capacity as Mayor, used his influence,
power, and authority in having the transactions given to Trigen. He didn't ask anyone-neither Treasurer
Vega nor Secretary Maravilla for that matter, to get the construction materials from Trigen. It is also an
acknowledged fact that there was no complaint for non-delivery, underdelivery or overpricing regarding
any of the transactions.

WHEREFORE, the decision rendered by the Sandiganbayan, dated November 2, 1984, in Criminal
Cases Nos. 6856 to 6867, finding the herein petitioner, Generoso Trieste, Sr. guilty of the violations of
Section 3 paragraph (h) of Republic Act 3019, as amended, is hereby set aside and reversing the
appealed judgment, a new judgment is now rendered ACQUITTING Generoso Trieste, Sr., of said
offenses charged against him with costs de oficio.

NOTES:

Section 3 paragraph (h) of the Anti-Graft and Corrupt Practices Act which reads as follows:

SEC. 3. Corrupt Practices of Public Officers. - In addition to acts or omissions of public officers already
penalized by existing laws, the following shall constitute corrupt practices of any public officer and are
hereby declared to be unlawful:

xxx xxx xxx

(h) Directly or indirectly having financial or pecuniary interest in any business, contract or transaction
in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited
by the Constitution or by any law from having any interest.

The elements essential in the commission of the crime are:

a) The public officer has financial or pecuniary interest in a business, contract or transaction;

b) In connection with which he intervenes in his official capacity.

Concurrence of both elements is necessary as the absence of one will not warrant conviction. (Rollo,
pp. 338-339).