The Supreme Court held that the prescriptive period for offenses related to the acquisition of behest loans, considered ill-gotten wealth, begins to run from the discovery of the commission of the offense, not from the date of the transaction itself. This ruling emphasizes the State’s right to recover unlawfully acquired properties, ensuring that those who benefited from illegal loans cannot evade prosecution by claiming the statute of limitations. This decision reinforces accountability and transparency in government transactions, aiming to prevent corrupt practices.
Behest Loans: When Does the Clock Start Ticking on State Recovery?
This case revolves around a complaint filed by the Presidential Ad Hoc Fact-Finding Committee on Behest Loans (Committee) against several individuals, including officers and board members of the National Investment Development Corporation (NIDC) and Development Bank of the Philippines (DBP), as well as stockholders and officers of Golden Country Farms, Inc. (GCFI). The Committee alleged violations of Republic Act No. 3019, also known as the Anti-Graft and Corrupt Practices Act, specifically Sections 3(e) and 3(g), relating to corrupt practices of public officers.
The crux of the issue lies in determining when the prescriptive period for these offenses begins. The Ombudsman dismissed the complaint, arguing that the offenses had already prescribed since more than ten years had elapsed from the time of their commission. The Committee, however, contended that the prescriptive period should be counted from the time of discovery of the behest loans, which was sometime in 1992 when the Committee was constituted. Section 3(e) involves causing undue injury to any party, including the government, or giving unwarranted benefits to any private party through manifest partiality, evident bad faith, or gross inexcusable negligence. Section 3(g) prohibits a public officer from entering into a contract or transaction on behalf of the government that is manifestly and grossly disadvantageous to the same.
The Supreme Court emphasized that for offenses involving the acquisition of behest loans, it was virtually impossible for the State to have known about the violations at the time the transactions were made. This is because public officials often conspire with the beneficiaries of the loans. Consequently, the Court affirmed that the prescriptive period should be computed from the discovery of the commission of the offense, not from the day of the commission itself. Building on this principle, the Court cited prior jurisprudence, highlighting that in cases involving violations of R.A. No. 3019 committed prior to the 1986 EDSA Revolution, the counting of the prescriptive period commenced from the date of discovery of the offense, which occurred in 1992 after an exhaustive investigation by the Presidential Ad Hoc Committee on Behest Loans.
Building on this precedent, the Court considered the allegations regarding violations of Section 3(e) and Section 3(g) of R.A. No. 3019, breaking it down into pre-takeover and post-takeover transactions. With respect to the pre-takeover transactions, the Court explained that a Section 3(e) violation requires injury caused by giving unwarranted benefits to private parties who conspire with public officers, while Section 3(g) does not require such benefits, focusing instead on transactions grossly disadvantageous to the government. For the post-takeover transactions, only a violation of Section 3(g) would be applicable, because, after the government had taken over GCFI, the element of private party unwarranted benefits under 3(e) disappeared.
The court criticized the Ombudsman’s failure to properly resolve the issues, stating that the lack of injury suffered by the Government was erroneously based solely on the takeover. At the very least, the unpaid loans were indicative of damage suffered. More importantly, the Court stated that “injury to the Government is only required to support a charge under Section 3(e), but not under Section 3(g), of R.A. No. 3019.” Ultimately, the role of the Ombudsman in preliminary investigations is simply to determine if there is sufficient probable cause for bringing an indictment against a suspect.
The Court further stated, “By this standard, the Court finds probable cause to bind over private respondents to stand trial for the offenses charged, except for Placido L. Mapa, Jr. whom the Government had committed to exclude as party defendant or respondent in all PCGG-initiated civil cases and criminal proceedings or investigations in exchange for his having provided information relating to the prosecution of the Racketeer Influenced and Corrupt Organization Act cases against the Marcoses in New York.”
FAQs
What was the key issue in this case? |
The key issue was determining when the prescriptive period begins for offenses involving the acquisition of behest loans, considered as ill-gotten wealth, specifically whether it starts from the date of the transaction or from the date of discovery of the offense. |
What is a behest loan? |
A behest loan generally refers to a loan granted under questionable circumstances, often characterized by being undercollateralized, involving cronies, or having the endorsement of high-ranking government officials. |
What is Republic Act No. 3019? |
Republic Act No. 3019, also known as the Anti-Graft and Corrupt Practices Act, penalizes corrupt practices by public officers, including causing undue injury to the government and giving unwarranted benefits to private parties. |
What did the Ombudsman decide in this case? |
The Ombudsman initially dismissed the complaint, stating that the offenses had already prescribed because more than ten years had passed since the time of their commission and they deemed the Government did not suffer an injury. |
How did the Supreme Court rule? |
The Supreme Court reversed the Ombudsman’s decision, ruling that the prescriptive period should be counted from the discovery of the offenses, not from the date of the transactions. This was because it was improbable for the State to discover these transactions on their own in the presence of collusion. |
What is the significance of the 1986 EDSA Revolution in this case? |
The 1986 EDSA Revolution is significant because the Court has ruled that for offenses committed before this event, the counting of the prescriptive period commences from the date of discovery of the offense after the revolution. |
Who was Placido L. Mapa, Jr. and why was he excluded? |
Placido L. Mapa, Jr. was one of the respondents but he was excluded because he had an agreement with the Government where he agreed to provide crucial information relating to the Racketeer Influenced and Corrupt Organization Act cases against the Marcoses. |
What is the difference between Section 3(e) and Section 3(g) of R.A. No. 3019? |
Section 3(e) involves causing undue injury to any party or giving unwarranted benefits to private parties, while Section 3(g) prohibits a public officer from entering into a contract or transaction on behalf of the government that is grossly and manifestly disadvantageous to the same, without a requirement to demonstrate that the government was unduly injured. |
This ruling clarifies the computation of the prescriptive period for offenses related to behest loans, affirming the State’s right to recover ill-gotten wealth. It underscores the importance of due diligence and accountability in government transactions, serving as a deterrent against corruption and abuse of power. This decision provides a clear framework for future cases involving similar issues, ensuring that public officials are held accountable for their actions and the State’s resources are protected.
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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: Presidential Ad Hoc Fact-Finding Committee on Behest Loans vs. Ombudsman Aniano A. Desierto, G.R. No. 135703, April 15, 2009