MANILA, Philippines — The Sandiganbayan has sentenced to up to four years in prison an official of the Department of Environment and Natural Resources based in Olongapo City for asking P15,000 from a private citizen seeking services from his office.
In a 26-page decision promulgated on July 29, the anti-graft court Seventh Division found Justino Cabungcal, chief surveyor of the Olongapo community environment and natural resources office (CENRO), guilty of indirect bribery as provided under Article 211 of the Revised Penal Code.
The court also disqualified Cabungcal from holding public office and forfeited his retirement or gratuity benefits.
The case stemmed from a complaint filed by Antonio Rosaroso, who applied for a certificate of survey from the Olongapo CENRO for the registration of his property located in Subic, Zambales.
Cabungal was earlier found guilty by the Olongapo City Regional Trial Court Branch 75 of violation of Section 3(b) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act. The court sentenced him to six to nine years in prison.
The law prohibits a public official from demanding, requesting or receiving any gift, present, share, percentage or any other form of benefit from any government transaction in which he has the official capacity to intervene.
The Seventh Division said there was no contract or official transaction involved in the case to warrant Cabungcal’s conviction for violation of Section 3(b) of RA 3019.
But the anti-graft court said it was established during trial that Cabungcal demanded money from the complainant for the survey of a property, which should be free of any financial charges.
Court records showed Cabungcal tested positive for fluorescent powder following a sting conducted by the National Bureau of Investigation, wherein he accepted the money from the complainant.
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