Former Commission on Human Rights (CHR) Commissioner Cecilia Rachel Quisumbing has been acquitted by the Sandiganbayan Second Division of her graft, direct bribery, and breach of conduct charges involving the promotion of a co-terminus staff in 2013 because of the prosecution's failure to prove her guilt beyond reasonable doubt.
However, the anti-graft court, in a 36-page decision, still directed the Executive Clerk of Court of the Second Division to return to the private complainant the money involved while Quisumbing was ordered to replace all demonitized monies in the total of P6,050.
Quisumbing was earlier accused of violating Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, Article 210 of the Revised Penal Code, otherwise known as Direct Bribery, and Section 7(d) of RA 6713, also known as the Code of Conduct and Ethical Standards for Public Officials and Employees.
The charges stemmed from the promotion of co-terminus staff Ma. Regina D. Eugenio from January to July 2013. Quisumbing reportedly promoted Eugenio from Administrative Aide VI to Senior Administrative Assistant III in "disregard of the Civil Service Commission's rules on merit and promotion."
Quisumbing was also accused of obtaining Eugenio's salary differentials, therefore causing the staff to suffer undue injury. Quisumbing received at least P41,292.85 from Eugenio's salary.
In her testimony, Eugenio said that the difference in her salary, which was more or less P10,000, went to "CRVQ" office funds which was in the custody of Quisumbing. The "CRVQ" stood for the initials of the accused.
The money from the fund was used to pay bills and food, and when she resigned on July 30, 2013, Eugenio admitted that she did not demand for the return of her money.
Quisumbing denied that she promoted Eugenio in exchange for her salary differential. She said it was Eugenio who offered to give her a part of the salary differential, which she turned down. Quisumbing added that she was later approached by Eugenio and others about creating an office fund to pool resources for office parties and team building purposes, and she was tasked to be its custodian.
The anti-graft court said in its ruling that the third element of graft was not proven by the prosecution – that Quisumbing acted with manifest partiality, evident bad faith, or gross inexcusable negligence in the promotion of Eugenio.
The prosecution insisted that Quisumbing and Eugenio had a "kasunduan" or agreement that Eugenio’s salary differential from her promotion would go to Quisumbing. However, "such agreement or ‘kasunduan’ was never signed by any of the named parties," the court said.
The anti-graft court likewise said that the only one who had real appointing authority was the CHR chairperson and Quisumbing's role was merely recommendatory.
Meanwhile, the direct bribery charge against Quisumbing was dismissed because the monies given to the accused were not proven as a gift, present, or promise in consideration of her commission of some crime.
The court explained that in bribery, the offender agrees to perform an act or refrain from doing something because of the gift or promise that redounds to his or her benefit. However, this was not the case for Quisumbing, it said.
Lastly, the anti-graft court said, the breach of conduct charge had no leg to stand on because the prosecution failed to prove that the monies accepted by Quisumbing was made in the course of her official duties.
But while the anti-graft court cleared her of the charges, it did say that her actions were still "unethical and inappropriate."
"A final note, although it is not criminal in nature, it does not suit well that as then Commissioner, Quisumbing allowed herself to act as custodian of the monies. This act is unethical and inappropriate," it said.
The decision was penned by Associate Justice Lorifel Pahimna and concurred in by Second Division chairperson Oscar Herrera Jr. and Associate Justice Michael Frederick Musngi.