Former Baganga Municipal Administrator Ruben Postrero of Davao Oriental has been acquitted by the Sandiganbayan Fourth Division of a graft charge involving the emergency purchase of vehicle parts back in 2004.
Postrero is one of the co-accused of Mayor Gerry Morales in the case for violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act.
Both of them were charged together with Municipal Engineer Roseller Macayra, Municipal Accountant Emeritos Jovilla, Municipal Treasurer Francisco Jimenez Jr., Municipal OIC-General Services Officer Reymundo Escamillan, and private individual Donald Villademosa.
They reportedly gave unwarranted benefits and advantage to Villademosa when they made the emergency purchase of vehicle rim and vehicle differential in the amount of P79,296 back on January 26, 2004 from Villtrade Marketing in Davao City, owned by Villademosa. The prosecution said Villtrade Marketing was not a regular dealer of car parts and was a dealer of school and office supplies.
However, the anti-graft court ruled that the prosecution failed to establish the element of conspiracy among the accused.
"Indeed, while it is the subject of stipulation that accused Postrero affixed his signature on the check issued in favor of Villtrade Marketing, no further evidence was presented to show that he purposely cooperated or agreed to cooperate with other members of the Committee on Awards," the decision read.
Since there was also no evidence that Postrero was involved in the award of the supply of vehicle spare parts, the anti-graft court said it cannot convict him beyond reasonable doubt.
"For failure of the prosecution in this case to meet the required quantum of evidence to ascribe criminal liability on the part of accused Postrero, it is the duty of this Court to acquit him of the crime charged against him," the decision stated.
The 15-page decision was written by Associate Justice Lorifel Pahimna with the concurrence of Fourth Division Chairperson Alex Quiroz and Associate Justice Bayani Jacinto.