David P. Llorente v. The Sandiganbayan (Third Division)

Summary

Atty. David Llorente, PCA Deputy Administrator, was charged with violating the Anti-Graft Act for refusing to approve employee Herminigildo Curio's clearance from December 1981 to December 1986, preventing Curio from receiving gratuity benefits and securing employment. The Sandiganbayan acquitted Llorente of criminal charges for lack of evident bad faith but held him civilly liable for P90,000 in damages. The Supreme Court affirmed, finding that while Llorente did not act with evident bad faith criminally, he acted with bad faith civilly by unjustly discriminating against Curio. The Court noted that Llorente had approved clearances for three other similarly situated employees with pending obligations, following the office practice of deducting accountabilities from benefits. His selective enforcement against Curio alone constituted abuse of right under Article 19 of the Civil Code, making him liable for damages representing Curio's lost employment opportunities over five years.