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Sandiganbayan acquits 7 ex-AFP officers, 2 civilian employees of graft, falsification
Sandiganbayan acquits 7 ex-AFP officers, 2 civilian employees of graft, falsification
The Sandiganbayan has acquitted seven former military officers and two civilian employees of the Armed Forces of the Philippines (AFP) of graft and falsification charges in the purchase of P5.1 million worth of combat clothing in February 2003.
Acquitted were retired Lt. Gen. Gregorio M. Camiling Jr., BGen. Severino P. Estrella, Col. Cesar G. Santos, Col. Barmel B. Zumel, Capt. George P. Cabreros, Lt. Col. Jessie Mario B. Dosado, and Col. Cyrano A. Austria and Head of Accounting Unit Editha A. Santos and Chief Accountant Rolando F. Minel.
The anti-graft court ruled that the prosecution failed to prove their guilt beyond reasonable doubt.
They were accused of giving unwarranted benefit to Dantes Executive Menswear by making it the sole supplier of various Combat Clothing and Individual Equipment (CCIE) worth P5,103,000 allegedly without the conduct of public bidding.03. The prosecution claimed that the decision to resort to shopping as an alternative method of procurement was without legal basis.
The prosecution also said the Procurement Directives (PDs) and Advice of Sub-Allotments (ASA) showed the liability of the accused. However, the anti-graft court said the prosecution "miserably failed to prove the due execution" of these documents.
"At any rate, even assuming that the PDs or ASA were admissible in evidence, Camiling was never a signatory to either these subject PDs or ASAs," the court’s decision stated.
“In any event, the totality of the presented testimonial and documentary pieces of evidence failed to establish the elements of Falsification of Public Documents...,” it stated.
"When guilt is not proven with moral certainty, the presumption of innocence must be favored and exoneration granted as a matter of right," it added.
The decision was written by Associate Justice Ronald B. Moreno with the concurrence of concurrence of Presiding Justice Amparo M. Cabotaje Tang in a separate opinion and Associate Justice Bernelito R. Fernandez.