Two officials of the East Avenue Medical Center (EAMC) have been cleared of graft charges by the Sandiganbayan in connection with the alleged anomalous purchase of medical supplies and equipment in 2006.

Cleared in a resolution written by Associate Justice Alex L. Quiroz and concurred in by Associate Justices Lorifel L. Pahimna and Bayani H. Jacinto were Jose Calixto, chief administrative officer, and Marieta Cruz, finance management officer II.

The Sandiganbayan said that Calixtro and Cruz were not part of the bids and awards committee (BAC) of the EAMC and were not involved in the determination of the mode of procurement.

"Evidently, the herein accused had no participation in the determination of the mode of procurement. On this score alone, the case against them is bound to fail," the resolution said.

While the prosecution claimed that Calixtro, Cruz and other officials attempted to skip public bidding, the anti-graft court said there was no evidence proving that there was a single procurement which was deliberately broken into smaller quantities, amounts, or phases.

"Based on the evidence on record, the medical kits, as well as the quantities and volumes purchased every month, were different from those purchased in the previous and succeeding months," it added.

At the same time, it pointed out that there was no showing that Calixtro and Cruz gave unwarranted benefits to any private party, and there was even no allegation of overpricing nor sub-standard quality of purchased medical kits or air-conditioning units.

Calixtro and Cruz, together with Rolando Cortez, medical chief II, and Bonifacio Ramos, administrative officer V, were charged with violations of Section 3 (e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act.

The Sandiganbayan resolution did not mention what happened to the case against Cortez and Ramos.

Corrupt practices under Section 3 (e) is when a person “causes undue injury to any party, including the government, or giving any private party unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.”

"Wherefore, premises considered, judgment is hereby rendered ACQUITTING accused Jose Calixtro and Marieta Cruz in Criminal Case Nos. SB-18-CRM-0385 to 0387 for failure of the prosecution to prove their guilt beyond reasonable doubt,” the Sandiganbayan ruled.

It also lifted the hold departure orders issued against Calixtro and Cruz, and ordered the release of their bonds.

The charges against the four EAMC stated that from Jan. 11, 2006 to Dec. 18, 2006, they gave unwarranted benefits to Hilem Enterprises and General Merchandise (HEGM), a private company, in the award of contracts for the purchase of P7,957,089.50 medical supplies through in split transactions and without public bidding.

Cortez, Cruz and Ramos were again charged with graft for giving undue advantage to FRDE Sales and Services for the purchase of air conditioning units and exhaust fans worth P450,950.

In another case, Cortez, Cruz, Calixtro and Ramos were charged with giving unwarranted benefits to BDM Enterprises for the purchase of medical supplies amounting to P2,732,421.