The Sandiganbayan Sixth Division has cleared former officials of the Professional Regulation Commission (PRC) of their graft charge involving the reportedly anomalous lease of their Baguio City office back in 2012.
Former Chairperson Teresita Manzala, Commissioner Alfredo Po, Supervising Professional Regulations Officer Tricia Camara, Cordillera Administrative Region Director Teofilo Gaius Sison, Jr., and chief professional regulations officer Sarah Edna Tabije were cleared of their violation of Section 3(e) of R.A. 3019, the Anti-Graft and Corrupt Practices Act due to the failure of the prosecution to prove their guilt beyond reasonable doubt.
The former PRC officials approved the 15-month lease contract in favor of CTLL Building, which is located along Kisad Road, even though there was no competitive public bidding conducted.
While it is true that the procurement for the subject lease of office space was made through an alternative method of procurement, the court said this is allowed if the Head of the Procuring Entity (HoPE) approves it. In this case, the accused resorted to Negotiated Procurement after Manzala gave the go signal.
"Clearly, the absence of competitive bidding in the present case was not contrary to law because the accused resorted to an alternative method of procurement, and the resort thereto was justified," the decision read.
The court did note some irregularity in the procurement of the subject lease of office space. Manzala failed to ensure the proper selection of the lessor, which constitutes a breach of duty or failure to perform obligation.
However, the court said that Manzala's negligence cannot be considered gross and inexcusable because "there was an intent, and what appears to have been a genuine attempt, to comply with the procurement law and pertinent rules and regulations."
"In any event, even if the information alleges that the accused failed to strictly comply with the procedure, the court finds that, considering the circumstances at the time of the subject procurement, the accused did not act with manifest partiality, evident bad faith, or gross inexcusable negligence," the decision said.
The prosecution likewise failed to show any undue injury suffered by the government as a result of the acts of the accused.
The 77-page decision was penned by Chairperson Sarah Jane Fernandez with the concurrence of Associate Justices Karl Miranda and Kevin Narce Vivero.