The Sandiganbayan Sixth Division has reversed a decision penned by the Regional Trial Court Eleventh Judicial Region, Branch 10 of Davao City convicting Erlinda Talua, the principal of Sta. Ana National High School of her graft charge involving the reportedly unlawful collection of fees from parents and students.

"The RTC erroneously ruled that the third element of was proved beyond reasonable doubt," the anti-graft court said in its decision.

Talua was charged for violation of Section 3(e) of R.A. 3019 or the Anti Graft and Corrupt Practices Act. Back in 2007, the principal of the school located in D. Suazo Street, Davao City reportedly collected various fees consisting of Legal Fees, Project, Authorized Fees, Homeroom and Parents and Guardians Association Fees amounting to P19,826.

Prosecution witness Romulo Mamalias testified that the collection of fees was against Department of Education (DepEd) Order Nos. 22 and 23 s. 2003. Under the order, only the Parents, Teachers and Community Association or PTCA was authorized to collect the fees.

Talua pleaded not guilty on July 19, 2013, but she was found guilty by the ETC in the decision dated November 16, 2018. Talua was sentenced to suffer the indeterminate penalty of six years and one month as minimum to seven years as maximum, with perpetual disqualification from holding office.

Talua filed an appeal after her conviction and elevated the issue to the Sandiganbayan.

While the Sandiganbayan agreed with the RTC that the requirement of fees payment for the student clearance and graduation was "unlawful," it ruled that the prosecution was unable to prove the third element of graft - that parents and students suffered undue injury because of her actions.

"What said DepEd orders prohibit is making the payment of said fees compulsory. If the conditions are met, then collection of the fees is authorized, and the students and/or their parents presumably derive some form of benefit from paying said fees," the decision explained.

Talua imposed the compulsory collection of the fees, which was in violation of DepEd orders. However, the court said that there was no showing the principal acted with evident bad faith in doing so.

In fact, the anti-graft court said it is "hard-pressed" to find even a hint of bad faith, much less evident bad faith, in the actions of Talua.

The decision read, "There is nothing in the evidence on record that would indicate that accused-appelant used the amounts collected for her personal use, or that they were used for purposes other than those for which they were collected."

The 19-page decision was penned by Sixth Division Chairperson Sarah Jane Fernandez with the concurrence of Associate Justices Karl Miranda and Kevin Narce Vivero.