Anacta, Jr. vs. Sandiganbayan

A public officer who knowingly appoints a person disqualified by the one-year prohibition on losing candidates under Section 6, Article IX-B of the Constitution and Section 94(b) of R.A. No. 7160 is guilty of unlawful appointments under Article 244 of the Revised Penal Code; legal disqualification under Article 244 includes temporary disqualification, and reliance on a recommending body does not negate the appointing authority's knowledge when the power to appoint is discretionary.

Fidel V. Anacta, Jr. was the Municipal Mayor of Borongan, Eastern Samar. The Borongan Water District is a local water district created under P.D. No. 198, which vests the appointing authority for its Board of Directors in the mayor of the city or municipality when more than seventy-five percent of its active water service connections are within that locality. The case concerns the application of Article 244 of the Revised Penal Code, which penalizes unlawful appointments, alongside the one-year prohibition on appointing losing candidates under Section 6, Article IX-B of the Constitution and Section 94(b) of R.A. No. 7160.

Fidel V. Anacta, Jr. was the Municipal Mayor of Borongan, Eastern Samar. On 10 January 2005, he appointed Atty. Reynaldo A. Alconaba as a member of the Board of Directors of the Borongan Water District, representing the professional sector. The appointment was referred to the Local Water Utilities Administration (LWUA) for confirmation.

LWUA declared Alconaba's appointment void. It ruled that the appointment was prohibited by law because it was made within one year from the May 2004 elections, in which Alconaba had lost in his bid for the position of municipal councilor. Petitioner later testified that Alconaba ran for public office in May 2004 under his ticket.

Petitioner was charged with violating Article 244 of the Revised Penal Code, in relation to Section 6, Article IX-B of the Constitution and Section 94 of R.A. No. 7160. The Information alleged that on or about 10 January 2005, in Borongan, Eastern Samar, petitioner, a public officer and Municipal Mayor with the power and authority to appoint officials and employees of the Local Water District, with deliberate intent, willfully, unlawfully, and feloniously appointed Alconaba as Director of the Borongan Water District despite the prohibition, because Alconaba was a candidate for the Sangguniang Bayan in the May 2004 elections and lost, and the appointment was made within one year from the election, in disregard of Section 94 of R.A. No. 7160 in relation to Section 6, Article IX-B of the Constitution and Article 244 of the Revised Penal Code, to the detriment of public interest. During his arraignment on 5 August 2008, petitioner pleaded not guilty.

At trial, petitioner testified that he appointed Alconaba because he relied on the recommendation of the IBP–Eastern Samar Chapter and because Alconaba frequently went to his office and asked to be appointed. He stated that after receiving a letter from LWUA informing him that Alconaba's appointment was invalid, he immediately told his utility clerk to inform Alconaba to go to his office so that he could tell him he was disqualified; he contacted Alconaba that same day, more than six months after the appointment. Petitioner admitted that he had run for public office several times: he had been Vice Mayor in 1998 for one term, ran for Mayor in 2001, had been Mayor for three consecutive terms, and was then the incumbent Vice Mayor. He admitted that he was aware that a person who runs for public office is disqualified from appointment to any government position for one year from the time he ran. He also admitted that Alconaba ran for public office in May 2004, under his ticket, and that he appointed Alconaba in January 2005. He claimed, however, that he was not aware Alconaba was not qualified because he relied on the IBP recommendation.

The Sandiganbayan found that petitioner, as Municipal Mayor of Borongan, Eastern Samar, appointed Alconaba as a member of the Board of Directors of the Borongan Water District on 10 January 2005; that the Borongan Water District is a government-owned and controlled corporation; and that Alconaba lost in the 14 May 2004 elections when he ran for a seat in the Sangguniang Bayan of Borongan. It found that petitioner admitted in his testimony that he was aware of the one-year prohibition against the appointment of losing candidates to any government position, that he knew Alconaba ran for public office in May 2004, and that he nevertheless appointed him on 10 January 2005. The Sandiganbayan also found that petitioner's defense that he merely relied on the recommendation of the IBP–Eastern Samar Chapter deserved scant consideration because the power to appoint is discretionary on the part of petitioner as mayor, and he had the discretion to accept or reject the recommendation.

• Fourth Element — Knowledge: Petitioner maintained that he should be acquitted because the fourth element of unlawful appointments was absent; it was not proven that he knew about Alconaba's lack of qualification at the time he made the appointment.
• Good Faith Reliance on IBP Recommendation: Petitioner asserted that he merely relied in good faith on the recommendation of the IBP–Eastern Samar Chapter in appointing Alconaba as director of the Borongan Water District.
• Error of the Sandiganbayan: Petitioner contended that the Sandiganbayan erred in finding him guilty of the crime of unlawful appointments.

• Knowledge / Fourth Element: Whether petitioner knew at the time of the appointment that Alconaba lacked the legal qualifications for the office, such that the fourth element of unlawful appointments under Article 244 of the RPC was present.
• Temporary Disqualification as Lack of Legal Qualification: Whether the one-year prohibition on losing candidates under Section 6, Article IX-B of the Constitution and Section 94(b) of R.A. No. 7160 constitutes a lack of legal qualification for purposes of Article 244 of the RPC.
• Appointing Authority and GOCC Status: Whether the Borongan Water District is a government-owned or controlled corporation and petitioner, as Municipal Mayor, was the appointing authority subject to the one-year prohibition.
• Guilt / Sandiganbayan Error: Whether the Sandiganbayan erred in finding petitioner guilty of the crime of unlawful appointments.

• Knowledge / Fourth Element: Yes. The fourth element was present; petitioner cannot feign ignorance, his own testimony having established that he knew Alconaba ran and lost in May 2004 and that the one-year prohibition applied.
• Temporary Disqualification as Lack of Legal Qualification: Yes. Legal disqualification under Article 244 includes temporary disqualification, such as the one-year prohibition under Section 6, Article IX-B and Section 94(b), R.A. No. 7160.
• Appointing Authority and GOCC Status: Yes. The Borongan Water District is a GOCC created under P.D. No. 198, and petitioner, as Municipal Mayor, was the appointing authority under Section 3(b) of P.D. No. 198.
• Guilt / Sandiganbayan Error: No. The Sandiganbayan did not err in finding petitioner guilty of unlawful appointments under Article 244 of the RPC.

• Knowledge / Fourth Element: The elements of unlawful appointments under Article 244 are: (1) the offender is a public officer; (2) he or she nominates or appoints a person to a public office; (3) such person lacks the legal qualifications therefor; and (4) the offender knows that his or her nominee or appointee lacks the qualifications at the time he or she made the nomination or appointment. Petitioner was a public officer; he appointed Alconaba to the Borongan Water District Board; Alconaba lacked legal qualification because of the one-year prohibition; and petitioner knew of that disqualification. The Court relied on petitioner's own testimony, in which he admitted he had run for public office several times, was aware that a person who runs for public office is disqualified from appointment to any government position for one year, knew Alconaba ran for public office in May 2004 under his ticket, and appointed him in January 2005. His claim that he relied on the IBP recommendation did not negate knowledge; as the appointing authority, he had discretion to accept or reject the recommendation. Thus, the Sandiganbayan correctly gave scant consideration to his defense.
• Temporary Disqualification as Lack of Legal Qualification: In People vs. Sandiganbayan (Fourth Division), legal disqualification under Article 244 was construed to include temporary disqualification, such as the one-year prohibition under Section 6, Article IX-B of the Constitution and Section 94(b) of R.A. No. 7160. The term "legal disqualification" cannot be circumscribed lexically and cannot be read as excluding temporary disqualification. At the time of his appointment, Alconaba had run and lost in the May 2004 elections, so he was not eligible for appointment to any office in the government or a government-owned or controlled corporation for one year. The prohibition therefore supplied the lack of legal qualification required by Article 244.
• Appointing Authority and GOCC Status: The Borongan Water District is a government-owned or controlled corporation created under P.D. No. 198. In Davao City Water District vs. CSC, the Court categorically ruled that local water districts are government-owned or controlled corporations with original charter. Under Section 3(b) of P.D. No. 198, petitioner, as Municipal Mayor of Borongan in 2005, was the appointing authority or the person empowered to appoint the members of the Board of Directors of the Borongan Water District. Because the district is a GOCC, appointments to its Board were covered by the one-year prohibition.
• Guilt / Sandiganbayan Error: All elements of unlawful appointments were established. Petitioner knowingly appointed Alconaba, who was disqualified by the one-year prohibition, to the Board of the Borongan Water District. The Sandiganbayan did not err in finding petitioner guilty of the crime defined and penalized under Article 244 of the RPC.

• Unlawful appointments under Article 244, Revised Penal Code — Elements: (1) offender is a public officer; (2) he or she nominates or appoints a person to a public office; (3) such person lacks the legal qualifications therefor; and (4) the offender knows that his or her nominee or appointee lacks the qualifications at the time he or she made the nomination or appointment. In this case, all four elements were present because petitioner, a municipal mayor, appointed Alconaba despite knowing he was disqualified.
• Legal disqualification includes temporary disqualification — Under Article 244, legal disqualification means disqualification under the law and cannot be read to exclude temporary disqualification. The one-year prohibition on losing candidates under Section 6, Article IX-B of the Constitution and Section 94(b) of R.A. No. 7160 is a legal disqualification. Applied to Alconaba, who lost in May 2004 and was appointed in January 2005.
• One-year prohibition on losing candidates — No candidate who lost in any election shall, within one year after such election, be appointed to any office in the Government or any government-owned or controlled corporations or in any of their subsidiaries. Under R.A. No. 7160, the exception is for losing candidates in barangay elections. Alconaba fell within the prohibition.
• Local water districts as government-owned or controlled corporations with original charter — Local water districts are GOCCs with original charter. The Borongan Water District, created under P.D. No. 198, is therefore a GOCC, and appointments to its Board of Directors are covered by the one-year prohibition.
• Appointing authority for local water districts — Under Section 3(b) of P.D. No. 198, the appointing authority is the mayor of the city or municipality if more than seventy-five percent of the total active water service connections of the local water district are within its boundary; otherwise, the governor of the province. Petitioner, as Municipal Mayor of Borongan in 2005, was the appointing authority.
• Good faith reliance on a recommending body — Reliance on the recommendation of the IBP–Eastern Samar Chapter did not excuse petitioner, because the power to appoint is discretionary and the appointing authority may accept or reject the recommendation; it did not negate his actual knowledge of the disqualification.

• "The elements of the crime of unlawful appointments under Article 244 of the RPC are: (1) The offender is a public officer; (2) He or she nominates or appoints a person to a public office; (3) Such person lacks the legal qualifications therefor; and (4) The offender knows that his or her nominee or appointee lacks the qualifications at the time he or she made the nomination or appointment." — This passage states the four elements of unlawful appointments, which the Court applied to affirm the conviction.
• "legal disqualification in Article 244 of the Revised Penal Code simply means disqualification under the law. Clearly, Section 6, Article IX of the 1987 Constitution and Section 94(b) of the Local Government Code of 1991 prohibit losing candidates within one year after such election to be appointed to any office in the government or any government-owned or controlled corporations or in any of their subsidiaries." — This passage, quoted from People vs. Sandiganbayan (Fourth Division), establishes that temporary disqualification is included in the legal disqualification contemplated by Article 244.
• "Petitioner cannot feign ignorance of Alconaba's ineligibility when he appointed him as director of the Borongan Water District." — This passage is the Court's core finding on the fourth element, negating petitioner's claim of lack of knowledge.
• "In Davao City Water District v. CSC, the Court categorically ruled that local water districts are government-owned or controlled corporations with original charter." — This passage supports the conclusion that the Borongan Water District is a GOCC and that its Board appointments are covered by the one-year prohibition.

• People vs. Sandiganbayan (Fourth Division), 581 Phil. 419 (2008) — Cited for the rule that legal disqualification under Article 244 of the RPC includes temporary disqualification, such as the one-year prohibition on losing candidates under Section 6, Article IX-B of the Constitution and Section 94(b) of R.A. No. 7160. The Court quoted it to reject the argument that temporary disqualification is outside Article 244.
• Davao City Water District vs. CSC, 278 Phil. 605 (1991) — Cited for the categorical ruling that local water districts are government-owned or controlled corporations with original charter. This supported the conclusion that the Borongan Water District is a GOCC and that its Board appointments are covered by the one-year prohibition.

• Article 244, Revised Penal Code — Defines and penalizes unlawful appointments: any public officer who knowingly nominates or appoints to any public office any person lacking the legal qualifications therefor shall suffer arresto mayor and a fine not exceeding 1,000 pesos. Applied because petitioner knowingly appointed Alconaba, who lacked legal qualification.
• Section 6, Article IX-B, 1987 Constitution — No candidate who lost in any election shall, within one year after such election, be appointed to any office in the Government or any government-owned or controlled corporations or in any of their subsidiaries. Applied to Alconaba, who lost in May 2004 and was appointed in January 2005.
• Section 94(b), R.A. No. 7160 (Local Government Code of 1991) — Except for losing candidates in barangay elections, no candidate who lost in any election shall, within one year after such election, be appointed to any office in the Government or any government-owned or controlled corporations or in any of their subsidiaries. Applied similarly.
• Section 3(b), P.D. No. 198 (Provincial Water Utilities Act of 1973) — Defines the appointing authority for members of the Board of Directors of a local water district; where more than seventy-five percent of total active water service connections are within a city or municipality, the mayor is the appointing authority. Applied to establish petitioner, as Municipal Mayor of Borongan, as the appointing authority.
• Rule 45, 1997 Rules of Civil Procedure — The petition for review was filed under Rule 45.

Perlas-Bernabe, Caguioa, A. Reyes, Jr., and J. Reyes, Jr., JJ., concur. J. Reyes, Jr. was designated as an additional member per Special Order No. 2587 dated 28 August 2018. No separate concurring opinions are summarized in the text.