The Sandiganbayan Sixth Division has acquitted Naga City, Cebu Mayor Valdemar Mendiola Chiong of his graft charge involving the reportedly anomalous issuance of a mayor's permit.
Chiong was accused of violating Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act for giving undue advantage to Petronas Energy Philippines Inc. when he issued Mayor's Permit No. RO1-484-2014 on April 7, 2014 in favor of Petronas despite its lack of the pre-requisite Fire Safety Inspection Certification from the Bureau of Fire Protection (BFP).
But in its 22-page ruling, the anti-graft court said that the prosecution failed to prove beyond reasonable doubt the guilt of Chiong. For one thing, they weren't able to prove that Chiong acted with evident bad faith, manifest partiality, or gross inexcusable negligence when he issued the mayor's permit.
The BFP's failure to furnish the city of Naga with Petronas' FSIC cannot be blamed upon Chiong, the court ruled. At the same time, the prosecution failed to prove how Chiong's actions gave unwarranted benefit or advantage to Petronas.
"Petronas had a valid FSIC when Chiong gave it a Conditional Mayor's Permit," the decision read.
"There was nothing to prevent Chiong from issuing a conditional business permit to Petronas. In fact, under the circumstances, Chiong could have issued a regular business permit and not merely a conditional one. Clearly, Chiong did not give Petronas any unwarranted benefits, advantage, or preference," it added.
The decision was penned by Associate Justice Karl Miranda and concurred in by Chairperson Sarah Jane Fernandez and Associate Justice Kevin Narce Vivero.