RAMON Y. TALAGA, JR., City Mayor, Lucena City vs. HON. SANDIGANBAYAN, - G.R. No. 169888

G.R. No. 169888                                November 11, 2008

RAMON Y. TALAGA, JR., City Mayor, Lucena City
vs.
HON. SANDIGANBAYAN, 4th Division, and PEOPLE OF THE PHILIPPINES

FACTS:

Criminal and administrative charges were filed against petitioner Ramon Y. Talaga Jr. before the Office of the Ombudsman. It was alleged, that the petitioner, in his capacity as mayor, has unlawfully granted favors to a third party with respect to the operation of bingo games in the city, to the damage and prejudice of the complainants. The administrative complaint was dismissed but the criminal case was retained by the Ombudsman.

Three criminal information charging the petitioner of violation of Republic Act No. 3019 was recommended by the Office of the Special Prosecutor. Only one information was sustained by the Sandiganbayan, the criminal information for giving unwarranted benefits to Jose Sy Bang by approving an ordinance granting him a local franchise to operate bingo games in the city. However, said information was reverted back to the Ombudsman for the conduct of further preliminary investigation.

Thereafter, an information charging the petitioner and the City Councilors for the aforementioned offense, alleging that the parties conspired to perpetrate the crime. The City Councilors moved for the motion to be quashed as the information does not constitute an offense.

ISSUE:

Whether or not there exist a valid information under which the petitioner stands charged.

HELD:

                        Yes, the information is valid.

The test in Section 9, Rule 110 of the Rules of Court is whether the crime is described in intelligible terms with such particularity as to appraise the accused, with reasonable certainty, of the offense charged. The raison d'etre of the rule is to enable the accused to suitably prepare his defense.

Based on the foregoing test, the Information sufficiently apprises petitioner of the charges against him. The Information charged the petitioner of evident bad faith and manifest partiality when as Mayor of Lucena City, petitioner, in conspiracy with the City Council, gave unwarranted benefits to Jose Sy Bang. Moreover, it states the specific act which constituted the giving of unwarranted benefits, namely, granting unto the said Jose Sy Bang a local franchise to operate a bingo business in Lucena City in violation of existing laws. These allegations are clear enough for a layman to understand.