Sandiganbayan acquits Negros Oriental vice mayor of graft
Published Mar 6, 2019 11:25 am
By Czarina Nicole Ong
The Sandiganbayan First Division has acquitted Tanjay City Vice Mayor Lawrence Solis Teves of Negros Oriental, formerly its mayor, of graft in relation to the reportedly anomalous procurement of construction materials for the city back in 2011.
(MANILA BULLETIN)
Teves was earlier charged for violation of Section 3(e) of R.A. 3019, also known as the Anti-Graft and Corrupt Practices Act, together with barangay captain Denver Manolong Bokingkito and Sangguniang Kabataan Foundation president Mar Francis Saycon Saguran. General services officer Bogard Ortega Colina is also charged.
The charge stemmed from their actions back in June 2011 when they allegedly conspired with one another and purchased construction materials from Megatrend Enterprises for the repair of covered canals located in Barangays 5 and 6, Tanjay City worth P280,876.34 without undergoing public bidding.
They also proceeded with the purchase despite the absence of the bids and awards committee (BAC) resolution justifying the procurement, which is required under R.A. 9184 or the Government Procurement Act.
On January 24, Bokingkito and Colina decided to plead guilty to a lesser offense, so they were found guilty of the crime of Fraud Against Public Treasury and Similar Offenses. They were sentenced to pay P40,000 each as well as P280,876.34 by way of damages in favor of the local government.
The case against Teves , however, was pursued. After the trial, the anti-graft court came to the conclusion that the prosecution failed to prove one specific element of graft - that Teves acted with evident bad faith, manifest partiality, or gross inexcusable negligence.
"It was not sufficiently established in the course of trial that the accused had a devious or illegal participation in the subject procurement except that he affixed his signature on the pertinent documents as the final approving authority," the court ruled.
It was the City Engineer's Office which prepared the program of works for the repair on which the materials as listed in the purchase request were based, and Teves was not involved in the process of canvassing that would show that he indeed acted with partiality and gave preference to Megatrend.
At the same time, the court noted that the prosecution was not able to show that the two other suppliers questioned the award of the procurement of the construction materials to Megatrend.
"From the foregoing, it appears clear that the guilt of the accused for the crime charged has not been established beyond reasonable doubt. In all criminal prosecutions, the accused shall enjoy the right to be presumed innocent until the contrary is proved. Hence, he is entitled to acquittal as a matter of course," the decision read.
The 30-page decision was penned by Associate Justice Edgardo Caldona with the concurrence of Chairperson Efren De La Cruz and Associate Justice Geraldine Faith Econg.
(MANILA BULLETIN)
Teves was earlier charged for violation of Section 3(e) of R.A. 3019, also known as the Anti-Graft and Corrupt Practices Act, together with barangay captain Denver Manolong Bokingkito and Sangguniang Kabataan Foundation president Mar Francis Saycon Saguran. General services officer Bogard Ortega Colina is also charged.
The charge stemmed from their actions back in June 2011 when they allegedly conspired with one another and purchased construction materials from Megatrend Enterprises for the repair of covered canals located in Barangays 5 and 6, Tanjay City worth P280,876.34 without undergoing public bidding.
They also proceeded with the purchase despite the absence of the bids and awards committee (BAC) resolution justifying the procurement, which is required under R.A. 9184 or the Government Procurement Act.
On January 24, Bokingkito and Colina decided to plead guilty to a lesser offense, so they were found guilty of the crime of Fraud Against Public Treasury and Similar Offenses. They were sentenced to pay P40,000 each as well as P280,876.34 by way of damages in favor of the local government.
The case against Teves , however, was pursued. After the trial, the anti-graft court came to the conclusion that the prosecution failed to prove one specific element of graft - that Teves acted with evident bad faith, manifest partiality, or gross inexcusable negligence.
"It was not sufficiently established in the course of trial that the accused had a devious or illegal participation in the subject procurement except that he affixed his signature on the pertinent documents as the final approving authority," the court ruled.
It was the City Engineer's Office which prepared the program of works for the repair on which the materials as listed in the purchase request were based, and Teves was not involved in the process of canvassing that would show that he indeed acted with partiality and gave preference to Megatrend.
At the same time, the court noted that the prosecution was not able to show that the two other suppliers questioned the award of the procurement of the construction materials to Megatrend.
"From the foregoing, it appears clear that the guilt of the accused for the crime charged has not been established beyond reasonable doubt. In all criminal prosecutions, the accused shall enjoy the right to be presumed innocent until the contrary is proved. Hence, he is entitled to acquittal as a matter of course," the decision read.
The 30-page decision was penned by Associate Justice Edgardo Caldona with the concurrence of Chairperson Efren De La Cruz and Associate Justice Geraldine Faith Econg.