The Sandiganbayan has cleared Cebu Governor Gwen Garcia of her two graft charges involving the purchase of 24.92 hectares of beachfront property in Tiga-an, Naga, Cebu worth P98.9 million that turned out to be mostly submerged in seawater back in 2008.
The anti-graft court granted her demurrer to evidence, which challenged the sufficiency of the prosecution's evidence to render a guilty verdict. Since the demurrer was approved, the case against Garcia and her co-accused was dismissed.
However, the granting of the demurrer was not a unanimous decision so a Special Division of five was created and the majority vote was observed.
Associate Justice Lorifel Pahimna voted to grant the demurrer and acquit the accused with the concurrence of Associate Justices Michael Frederick Musngi, Maria Theresa Mendoza Arcega and Karl Miranda. Second Division Chairperson Oscar Herrera Jr. offered a dissenting opinion.
Garcia was slapped with violations of Section 3(e) and (g) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act.
She is facing the first graft charge with Sangguniang Panlalawigan member Juan Bolo, Chairman of the Cebu Provincial Appraisal Committee (CPAC) and Provincial Assessor Anthony Sususco, CPAC members and Treasurer and OIC-Provincial Engineer Roy Salumbre and Eulogio Pelayre, Provincial Budget Officer Emme Gingoyon, and private individuals Amparo and Romeo Balili.
As for the second graft charge, Garcia stands as the only accused.
On April 21, 2008, the public officials were accused of giving undue advantage to the Balilis when they purchased a portion of the Balili estate for P400 per square meter. Upon the approval of Garcia, P98,926,800 was paid to the Balilis despite the absence of the funds for the purchase. At the same time, the subject parcels of land were submerged in seawater.
In its ruling, the anti-graft court said that while the prosecution was able to present overwhelming documentary evidence to prove the individual participation of each accused concerning the purchase of the land, they are not convinced that the said acts were performed to cause undue injury to the provincial government.
"Without definitive proof that there was a community of conscious and criminal design on the part of the accused to purchase the Balili properties despite the actual or physical condition thereof, the Court finds discomfort in concluding that the accused were in cahoots to cause undue injury and prejudice to the provincial government of Cebu," the 81-page resolution stated.
"The individual acts of the accused, whilst necessary in consummating the purchase of the Balili properties, are not indicative of intentional participation and common criminal design or purpose," it added.
And despite the allegations of the prosecution that the Balili properties are submerged in seawater and within timberlands, the certificates of title remain free from any annotation of such.
The court even believes that the body of water within the Balili properties may be due to the displacement of water caused by continuous reclamation projects and construction of dikes in adjacent properties.
"There being no sufficient basis to sustain the indictments, the Court is left with no choice but to dismiss the cases," it said.