The Sandiganbayan has acquitted former Bohol Vice Governor Julius Caesar F. Herrera and three others of their graft charges involving the reportedly irregular purchase of heavy equipment in 2009.
Also cleared of alleged violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, were Provincial Council Members Cesar Tomas M. Lopez, Alfonso R. Damalerio II, and Jane Censoria Del Rosario Cajes-Yap.
The anti-graft court’s first division granted their demurrers to evidence, a pleading to dismiss the criminal charges on account of weak evidence by the prosecution to sustain a conviction, in a resolution dated last Feb. 3.
On April 28, 2009, the local officials reportedly gave Civic Merchandising Inc. (CMI) unwarranted benefits, advantage or preference amounting to P274,024.32 by approving Sangguniang Panlalawigan Resolution No. 2009-226.
The resolution authorized Land Bank of the Philippines (LBP) to debit the charges from the government's account for the opening and negotiation fees of the letters of credit relative to the purchase of several brand new heavy equipment despite the prohibition against the payment of such fees under the Government Procurement Reform Act.
But after examining the resolution, the court said that the accused merely authorized the provincial governor then to open a letter of credit with the LBP for the purchase of heavy equipment and authorized the bank to debit all charges incidental to the opening and negotiation of the letter of credit against the standing account of the province.
"Nowhere in the said resolution is it mentioned or implied that CMI will be favored by the said authorization, as the resolution applies to all the suppliers of the province's purchase of heavy equipment in 2009," the court said.
The court also found that the prosecution failed to provide enough evidence showing that the accused acted with evident bad faith when they passed the resolution.
While the resolution is indeed "irregular," since it was contrary to the provisions of the Government Procurement Reform Act, the court said this alone does not give rise to evident bad faith.
The 30-page resolution was written by First Division Chairperson Associate Justice Efren N. Dela Cruz with the concurrence of Associate Justices Geraldine Faith A. Econg and Edgardo M. Caldona.