Former Mayor Alejandro N. Abarratigue of Hinabangan, Western Samar and six others have been acquitted by the Sandiganbayan of their graft charges involving the alleged irregular procurement of medicine and medical supplies in 2010 and 2011.
Also cleared of violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, were former bids and awards committee (BAC) chairman and municipal accountant Esmeralda H. Frincillo and five former BAC members -- municipal planning and development coordinator Lesarbo L. Mengote, municipal treasurer Raul R. Tapia, municipal assessor Renato M. Abayare, nurse II Roel A. Pazon, and BAC secretary Alan A. Babon.
The prosecution claimed that on March 13, 2010, they gave Doxia Marketing unwarranted benefits, advantage or preference when they purchased medicines and medical supplies even if the firm was not qualified to do so.
On Aug. 9, 2010, Nov. 25, 2010, and Oct. 10, 2011, the prosecution also alleged they purchased medicines and supplies from LSM Pharma & Medical Supply which was also ineligible for the transactions.
In the 48-page decision penned by Associate Justice Karl B. Miranda, the Sandiganbayan ruled that despite "serious efforts" of the prosecution to present evidence against the accused, the evidence still fell short of proving their guilt beyond reasonable doubt.
The court said that the accused presented a checklist of requirements for eligibility submitted by the winning bidders and these "prove the existence of eligibility requirements submitted by Doxia and LSM Pharma to the BAC."
It said that the prosecution failed to prove that the accused acted with evident bad faith, manifest partiality, or gross inexcusable negligence when they entered into the transactions with Doxia and LSM Pharma.
It also noted that there were no unwarranted benefits, advantage or preference given to Doxia and LSM Pharma since all the goods were duly accepted and delivered.
"Despite the volume of evidence presented, the prosecution failed to overturn the constitutional guarantee that the accused are presumed innocent. Hence, they are entitled to acquittal as a matter of course," the anti-graft court ruled.
Associate Justices Sarah Jane T. Fernandez and Kevin Narce B. Vivero of the court’s sixth division concurred in the decision.