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    Lihaylihay V People (RA 3019)

    Uploaded by

    Elaine Belle Ogayon
    (1) Petitioners Lihaylihay and Vinluan, who were PNP officers, were charged with and convicted of violating Section 3(e) of RA 3019 for their involvement in the "ghost" purchase of ₱133 million worth of combat equipment. (2) An investigation found that Vinluan signed certificates accepting delivery of the equipment despite deficiencies, while Lihaylihay certified inspection reports even though no deliveries were made. (3) Their actions showed evident bad faith and caused ₱8 million in losses to the government, satisfying the elements to uphold their conviction under RA 3019.

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    Lihaylihay V People (RA 3019)

    Uploaded by

    Elaine Belle Ogayon
    258 views1 page
    (1) Petitioners Lihaylihay and Vinluan, who were PNP officers, were charged with and convicted of violating Section 3(e) of RA 3019 for their involvement in the "ghost" purchase of ₱133 million worth of combat equipment. (2) An investigation found that Vinluan signed certificates accepting delivery of the equipment despite deficiencies, while Lihaylihay certified inspection reports even though no deliveries were made. (3) Their actions showed evident bad faith and caused ₱8 million in losses to the government, satisfying the elements to uphold their conviction under RA 3019.

    Original Description:

    Elements of Sec. 3 (e) RA 3019 - AGCP

    Original Title

    3. Lihaylihay v People (RA 3019)

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    (1) Petitioners Lihaylihay and Vinluan, who were PNP officers, were charged with and convicted of violating Section 3(e) of RA 3019 for their involvement in the "ghost" purchase of ₱133 million worth of combat equipment. (2) An investigation found that Vinluan signed certificates accepting delivery of the equipment despite deficiencies, while Lihaylihay certified inspection reports even though no deliveries were made. (3) Their actions showed evident bad faith and caused ₱8 million in losses to the government, satisfying the elements to uphold their conviction under RA 3019.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    258 views1 page

    Lihaylihay V People (RA 3019)

    Uploaded by

    Elaine Belle Ogayon
    (1) Petitioners Lihaylihay and Vinluan, who were PNP officers, were charged with and convicted of violating Section 3(e) of RA 3019 for their involvement in the "ghost" purchase of ₱133 million worth of combat equipment. (2) An investigation found that Vinluan signed certificates accepting delivery of the equipment despite deficiencies, while Lihaylihay certified inspection reports even though no deliveries were made. (3) Their actions showed evident bad faith and caused ₱8 million in losses to the government, satisfying the elements to uphold their conviction under RA 3019.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    LIHAYLIHAY AND VINLUAN vs.

    PEOPLE
    G.R. No. 191219 July 31, 2013
    PERLAS-BERNABE, J.

    FACTS: Acting on the special audit report submitted by COA, PNP conducted an internal investigation on the
    purported "ghost" purchases of combat, clothing, and individual equipment (CCIE) worth ₱133,000,000.00 which
    were allegedly purchased from the PNP Service Store System (SSS) and delivered to the PNP General Services
    Command (GSC). As a result of the internal investigation, an Information was filed before the Sandiganbayan,
    charging 10 PNP officers, including, among others, Vinluan and Lihaylihay, for the crime of violation of Section 3(e)
    of RA 3019.

    Sandiganbayan find Obillos, Vinluan, and Lihaylihay guilty of the crime charged. Aggrieved, Obillos, Vinluan, and
    Lihaylihay filed their separate motions for reconsideration which were all denied.

    Hence, the instant petition.

    ISSUE: W/N petitioners’ conviction for the crime of violation of Section 3(e) of RA 3019 was proper.

    HELD: Yes, the conviction was proper. Petitioners were charged with the crime of violation of Section 3(e) of RA
    3019 which has the following essential elements:
    (a) the accused must be a public officer discharging administrative, judicial or official functions;
    (b) he must have acted with manifest partiality, evident bad faith or gross inexcusable negligence; and
    (c) his action caused any undue injury to any party, including the government, or gave any private party unwarranted
    benefits, advantage or preference in the discharge of his functions.

    As observed by the Sandiganbayan, all these elements are extant in this case:
    First, it is undisputed that both petitioners were public officers discharging administrative functions at the time
    material to this case.
    Second, records show that Vinluan, in his capacity as Chairman of the Inspection and Acceptance Committee, signed
    the 16 certificates of acceptance, inventory, and delivery of articles from the PNP SSS despite its incompleteness or
    lack of material dates, while Lihaylihay certified to the correctness of the Inspection Report Forms even if no such
    deliveries were made. Hence, having affixed their signatures on the disputed documents despite the glaring defects
    found therein, petitioners were properly found to have acted with evident bad faith in approving the "ghost" purchases.
    Lastly, there was ₱8,000,000.00 loss on the part of the government because of the CCIE “ghost” purchase.

    Thus, considering the presence of all its elements, the Court sustains the conviction of petitioners for the crime of
    violation of Section 3(e) of RA 3019.

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