Three former officials of the Marikina Polytechnic College (MPC) in Marikina City have been cleared in three graft charges filed against them.
Cleared by the Sandiganbayan were former MPV bids and awards committee (BAC) members Efren F. Azares and Ermielinda T. Flaminiano and procurement officer Juanito J. Macapanas.
The cases against their co-accused – former BAC members Saturnino N. Quintal, Alejandrina P. Ancheta Ancheta, and Ermielinda T. Flaminiano -- have been ordered archived pending their arrest.
On the other hand, the cases against their co-accused, former MPC President Manuel R. Pangilinan, had been dismissed on account of his death prior to the filing of the charges in court.
The first case arose from the 2006 procurement of printing services for 2,500 pieces of the MPC Journal for P59,713.50 from Adriana Printing Company, Inc. allegedly on rigged public bidding.
The second case involved the alleged rigging of the bidding for the purchase of one unit of EFI Engine from Evolution-R Enterprises for P55,968 although the purchase order was reportedly only for P48,000.
On the third case, they allegedly rigged the purchase of two units of Duplo Digital Duplicator worth P140,000 each from GAKKEN Philippines, Inc.
In its decision, the Sandiganbayan said there is "doubt" as to whether the purchase of the EFI Engine was grossly disadvantageous to the government. While it is indeed P7,968 higher than what was indicated in the purchase order, the court said that Evolution-R still submitted the lowest bid to the government.
The BAC officials might have signed the resolutions for the re-bidding of the contract with EFI Engine, but the court said it was Pangilinan alone who entered into a transaction with the company in behalf of MPC.
As for the other graft charges, the anti-graft court said it was compelled to acquit the accused because of technicalities in the charge sheets. It said the accuses were faulted for pushing through with the transactions without providing justification for dispensing with competitive public bidding.
"The Informations in the present cases alleged different acts, i.e. that the accused procured services despite knowledge that the bidding was rigged and that they rigged the bidding," the decision stated.
"Convicting the accused for acts not alleged in the Information will violate their constitutional right to be informed of the nature and cause of the accusation against them," it added.
Sixth Division Chairperson Sarah Jane T. Fernandez wrote the 50-page decision with the concurrence of Associate Justices Karl B. Miranda and Kevin Narce B. Vivero.