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Trieste v. Sandiganbayan, 145 SCRA 508

Generoso Trieste, the Municipal Mayor of Numancia, Aklan, was charged with 12 counts of violating the Anti-Graft Law for having a financial interest in Trigen Agro-Industrial Development Corporation, a business that sold construction materials to the municipality. The Sandiganbayan convicted Trieste of all charges. However, the Solicitor General concluded that Trieste had divested his interest in Trigen before assuming office as mayor by selling his shares to his sister. The court agreed, finding no evidence that Trieste used his influence or authority as Mayor to benefit Trigen, as the materials were delivered and paid for before Trieste signed any vouchers. Trieste was therefore not guilty of violating the Anti

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79 views1 page

Trieste v. Sandiganbayan, 145 SCRA 508

Generoso Trieste, the Municipal Mayor of Numancia, Aklan, was charged with 12 counts of violating the Anti-Graft Law for having a financial interest in Trigen Agro-Industrial Development Corporation, a business that sold construction materials to the municipality. The Sandiganbayan convicted Trieste of all charges. However, the Solicitor General concluded that Trieste had divested his interest in Trigen before assuming office as mayor by selling his shares to his sister. The court agreed, finding no evidence that Trieste used his influence or authority as Mayor to benefit Trigen, as the materials were delivered and paid for before Trieste signed any vouchers. Trieste was therefore not guilty of violating the Anti

Uploaded by

Ulyssis Bangsara
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Trieste v.

Sandiganbayan, 145 SCRA 508


FACTS: Generoso Trieste, Sr., the Municipal Mayor of Numancia, Aklan, was charged by the Tanodbayan with
12 counts of alleged violations of Section 3 (h) of the Anti-Graft Law (3019) for having financial or pecuniary
interest in a business, contractor transaction in connection with which said accused intervened or took part
in his official capacity and in which he is prohibited by law from having any interest, to wit the purchases of
construction materials by the municipality from Trigen Agro-Industrial Development Corporation, of which
the accused is the president, incorporator, director and major stockholder.

STATE: Sandiganbayan convicted Trieste in all the 12 crim. cases.

ACCUSED: The SolGen under a “Manifestation for Acquittal”, concluded that: (1) petitioner has divested his
interest with Trigen; (2) Sales of stocks need not be reported to Sec; (3) Prosecution failed to prove charges;
(4) No evidence to prove petitioner approved payment; (5) Testimonial and documentary evidence confirms
that petitioner signed vouchers after payment; etc.

HELD: No violation. Petitioner has divested his interest with the company. Petitioner established that before
he assumed office as mayor he had already sold his shares of the company to his sister. The sale was made by
corresponding indorsements to her stock certificate which was duly recorded in the stock and transfer book
of the corporation.

In as much as Treasurer Vega signed and paid the vouchers after the materials were delivered, petitioner's
signature on the vouchers after payment is not, we submit, the kind of intervention contemplated under
Section 3(h) of the anti-graft law is the actual intervention in the transaction in which one has financial or
pecuniary interest in order that liability may attach. The official need not dispose his shares in the
corporation as long as he does not do anything for the firm in its contract with the office. For the law aims to
prevent the dominant use of influence, authority and power.

There is absolutely no evidence that petitioner had, in his capacity as Mayor, used his influence, power, and
authority in having the transactions given to Trigen.

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