Four former members of the prequalification bids and awards committee (PBAC) of Iloilo City have been acquitted of graft charges for failure of the prosecution to prove their guilt beyond reasonable doubt.
Cleared were Jose Junio G. Jacela, Reynaldo M. Asuncion, Ely P. Bagtasus, and Nilo G. Moralidad. They were charged with violation of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, together with the late Mayor Mansueto Malabor.
The prosecution alleged that on April 19, 2001, they gave unwarranted benefits and advantages to Alexander Trinidad, owner and operator of Ace Builders and Enterprises (ABE), in the award of the P125 million contract for the construction of the Iloilo City Housing Project (ICHP).
It was alleged that the former PBAC members released P5,824,016.98 and P17,697,050.95 immediately to Trinidad and his construction company even if the firm did not possess the qualification needed to undertake the government project.
In its decision, the anti-graft court said there was a violation of Presidential Decree 1594 or the “Policies, Guidelines, Rules and Regulations for Government Infrastructure Contracts” when the contract was awarded to ABE because the law requires the conduct of competitive public bidding.
However, the court said, the prosecution failed to prove how the accused acted in conspiracy with one another to commit a crime.
It also said the evidence failed to prove that the accused acted with manifest partiality, evident bad faith, and gross inexcusable negligence when the contract was awarded to ABE.
"Precisely, conspiracy, like the elements of the crime charged, must be established beyond reasonable doubt. This, the prosecution was unable to do, as it failed to prove with moral certainty the overt acts performed by each accused in furtherance of the commission of the crime," it stressed.
The case against another accused -- Mario C. Caoyanan, also a former PBAC member – is still pending until he is "mentally and physically capacitated to be arraigned and stand the rigors of trial."
Sandiganbayan’s fourth division Chairperson and Associate Justice Alex L. Quiroz wrote the decision with the concurrence of Associate Justices Lorifel L. Pahimna and Bayani H. Jacinto.