The Sandiganbayan has convicted a former officer of the Department of Environmental and Natural Resources in Olongapo City for demanding P15,000 for a service that is free of charge.
Justino Cabungcal, ex-DENR-Community Environment and Natural Resources Office chief surveyor, was found guilty of indirect bribery and is sentenced to up to four years and nine months in prison.
He is disqualified from holding public office and his retirement or gratuity benefits are, likewise, forfeited.
The case against the accused stemmed from a complaint of private citizen, Antonio Rosaroso, who was then applying to have his lot in Matain, Subic, Zambales, registered.
Cabungcal assessed Rosaroso's documents and said that one of the papers was fake and falsified.
Court records showed that Cabungcal offered to rectify the said document by surveying the lot himself in exchange for P15,000.
Investigation later revealed that the service is free of charge.
Rosoroso sought help from the National Bureau of Investigation, which apprehended Cabungcal in an entrapment operation.
Cabungcal tested positive for bright yellow-green fluorescent powder that corroborated Rosaroso's testimony that he received the money.
Cabungal was previously convicted to up to nine years by the Olongapo City Regional Trial Court (RTC) Branch 75 for violation of Section 3(b) of the Anti-Graft and Corrupt Practices Act (RA 3019).
The Sandiganbayan reversed the RTC's decision due to the absence of one of the elements of RA 3019 that would put weight on the crime charged.