The Sandiganbayan has dismissed the graft charges filed against Camarines Sur’s former rural health physician Bernadette Galan Carlos and medical officer III Gerardo Nolasco Villafuerte in connection with the alleged anomalous security service contract entered into by the province from 2008 to 2009.
In dismissing the charges, the anti-graft court granted the demurer to evidence filed by Carlos and Villafuerte.
Demurer to evidence is a legal option available to an accused who can seek the dismissal of the charges against him or her on the ground that the prosecution’s evidence is weak. The plea is usually aired in a formal pleading after the prosecution has terminated the presentation of its evidence.
Carlos and Villafuerte were charged together with Camarines Sur 2nd District Rep. Luis Raymund "LRay" F. Villafuerte Jr., in his capacity as Camarines Sur governor at the time of the commission of the alleged offense, and then provincial accountant Leticia De Leon Aliorde and executive assistant V Richard Fooshee Rivera.
But the Sandiganbayan resolution written by Associate Justice Bayani H. Jacinto dealt only on the motion for demurer to evidence filed by Gerardo Villafuerte and Carlos.
They were accused of giving Tigon Security Investigation and General Services, Inc. “unwarranted benefits and advantage” in securing the security services contract from July 2008 to December 2009.
Specifically, the former governor (Luis Villafuerte Jr.) and his group were accused of entering into contract without public bidding in violation of Republic Act No. 9184, the Government Procurement Reform Act.
In their motion to dismiss, Carlos and Gerardo Villafuerte said the prosecution failed to establish conspiracy and that they had prior knowledge of the illegality of the service contract.
The Sandigabayan agreed with them.
"There is also no evidence to show that accused-movants had any knowledge of the fact that the services of Tigon Security were procured without public bidding or that they ought to know such fact in the first place," the anti-graft court said.
It also said that there was no evidence that Gerardo and Carlos had any part in the procurement process or that they exercised any discretion in the selection of Tigon Security.
It pointed out that the signing of the obligation requests (ORs) came only after the contract has already been entered into by the provincial government and Tigon Security.
Thus, the Sandiganbayan said, the prosecution failed to submit sufficient evidence that Carlos and Gerardo Villafuerte directly, or in conspiracy with their co-accused, exercised manifest partiality, evident bad faith, or gross inexcusable negligence in engaging with Tigon Security.
"It likewise failed to show how any of their acts resulted in damage to the government, or the conferment of unwarranted benefit in favor of the said company," it added.
Associate Justices Alex L. Quiroz and Lorifel L. Pahimna concurred.