Twenty-five incumbent and former officials of Silay City in Negros Occidental have been cleared of graft charges involving P18 million in information technology project that was contracted directly with the supplier in 2008.
Cleared were former Mayor Jose L. Montelibano; incumbent councilor Michael S. Maravilla and former councilors Jose Raymundo S. Locsin, Mario S. Torres, Ramon L. Jison, Salvador S. Segovia, Joedith C. Gallego, and April Grace O. De Los Reyes; City Administrator Ignacio J. Salmingo; officer-in-charge Elsie S. Jimenea of the office of the treasurer; and officer-in-charge Emmanuel S. Arsenal of the office of the city accountant.
Also cleared were members of the bids and awards committee (BAC) Kara Aimee Quevenco (also city legal officer), Pepito C. Hechanova Jr., Alma S. De La Cruz, Ricardo B. Ledesma Jr., Sonia C. Cordero, Rene Roy H. Pahilanga, Giovanni M. Guzon, Jesus G. Oppus, Arnie T. Trajera, and Jose Genaro L. Estranero, as well as the committee’s secretariat head Macarse P. Tionko and members Armin D. Paredes, Alore V. Golez, and Vilma F. Dooma.
The president of Systems and Plan Integrator Development Corporation (SPIDC) Julieta M. Cunanan was also acquitted by the anti-graft court.
Their graft charges arose from the award in 2008 of P18 million to SPIDC for the Information and Communication Technology project despite what the prosecution claimed as without public bidding.
While the accused justified the recourse to direct contracting, the prosecution argued that there were other local government units (LGUs) which contracted similar projects and yet held competitive public bidding.
But the Sandiganbayan said the prosecution failed to present enough evidence that would convict the accused of graft.
It brushed aside the prosecution’s argument. It noted that there was no law prohibiting Silay City from pursuing a form of procurement that is better suited to its requirements.
"The procuring entities have the freedom to pursue the appropriate type of procurement for as long as the conditions and procedures in the procurement law are followed," the court said.
"In this case, the BAC Resolution recommending the award to SPIDC states that direct contracting is proper,” it said.
Thus, the court added there was absence of proof of malicious intent on the part of the accused, and as a result, the presumption of good faith and regularity in the performance of official duties must be upheld.
The decision was written by Associate Justice Michael Frederick L. Musngi with the concurrence of the court’s second division chairman, Associate Oscar C. Herrera Jr., and Associate Justice Bayani H. Jacinto.
In 2015, the Sandiganbayan had dismissed the same graft case against incumbent Mayor Mark Andrew Arthur J. Golez who was charged then as vice mayor.
Also, the case against then councilor Warlito A. Go had been dismissed on account of his death.