Former Tabina Mayor Greg Ayawan Dayondon of Zamboanga del Sur and three others have been cleared by the Sandiganbayan Second Division of their five graft charges in connection with the reportedly anomalous purchase of various goods for the municipality.

Dayondon, his common-law wife Fruby Ortiz Paran, his sister Juvy Ayawan Dayondon-Bernal, and her Sangguniang Bayan member Robert Aldin Pastoriza, was accused of violating Section 3(e) of R.A. 3019, also known as the anti-Graft and Corrupt Practices Act.

Sometime from February to October 2009, Dayonson reportedly conspired with Paran to shop for several goods for the municipality from Fruby’s Enterprises. He bought 27 items totalling to P477,427.87. That same period, he also conspired with Bernal and Dayondon-Bernal by purchasing 51 items from Bernal Store worth P1,850,458.88.

On July 2009, Dayondon also bought medical supplies from Farmacia Len totalling P167,843.43 even without undergoing public bidding.

On October 2009, Dayondon also procured two motorcycles worth P136,864 from Norkis Dist. Inc. without undergoing public bidding, and he did the same thing again from February to November 2009 when he procured various goods from New Tabina Hardware worth P1,797,755.52, again without public bidding.

In its decision, the anti-graft court said that all elements of the crimes charged were not successfully overcome by the prosecution because of lack of testimonial and documentary evidence.

There was no proof presented during trial that successfully proved that Dayondon, Paran, Bernal, and Dayondon-Bernal conspired with one another and acted with manifest partiality, evident bad faith, or inexcusable negligence when the LGU of Tabina purchased supplies through Shopping Method from Fruby’s Enterprises, Bernal Store, New Tabina Hardware, Norkis Dist. Inc., and Farmacia Len.

In particular, there was no evidence that their actions caused undue injury to the government, or that they gave unwarranted benefits or preference to any private party.

“Indeed, suspicion no matter how strong must never sway judgment. When guilt is not proven with moral certainty, it has been our policy of long standing that the presumption of innocence must be favored, and exoneration granted as a matter of right,” the decision stated.

The 41-page decision was written by Associate Justice Michael Frederick Musngi with the concurrence of Second Division Chairperson Oscar Herrera Jr. and Associate Justice Bayani Jacinto.