One of the former officials of Marikina Polytechnic College (MPC) has been acquitted by the Sandiganbayan of her graft charges on the reported irregularities in the procurement of printing services and equipment in 2006.
Former bids and awards committee (BAC) member Alejandrina P. Ancheta was cleared of three counts of violations of Section 3(e) and one count of 3(g) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act.
Her co-accused, Efren F. Azares and Ermielinda T. Flaminiano as well as Procurement Officer Juanito J. Macapanas, had earlier been acquitted for failure of the prosecution to prove their guilt beyond reasonable doubt.
The case against Ancheta had earlier been ordered archived. But she submitted herself before the jurisdiction of the anti-graft court on Nov. 25, 2021.
Just like the cases of her co-accused, the anti-graft court's Sixth Division ruled that the prosecution failed to prove all the elements of the crime.
In the first graft charge, the accused reportedly procured printing services for 2,500 pieces of the MPC Journal for P59,713.50 from Adriana Printing Company Inc. despite knowledge of allegedly rigged public bidding.
In the second charge, they were accused of reportedly rigging the bidding in the transaction involving the purchase of one unit EFI Engine from Evolution-R Enterprises for P55,968 even though the purchase order stated that it only costs P48,000.
The third graft charge involved the alleged rigged procurement of two units of Duplo Digital Duplicator for P140,000 each from GAKKEN Philippines, Inc.
Finally, the final graft charge tackled the re-bidding process for Evolution-R Enterprises.
However, the court noted that there was no attempt on any part of any of the accused to make it appear that competitive public bidding was conducted.
While the court saw that the accused acted with gross inexcusable negligence in the procurement of printing services and equipment, and that there were irregularities in the subject transactions, Ancheta and her co-accused cannot be convicted for acts that were not specifically alleged in the Information, it also said.
"Convicting accused Ancheta for acts not alleged in the Information will violate her constitutional right to be informed of the nature and cause of the accusation against her," the decision stressed.
Sandiganbayan’s six division Chairperson and Associate Justice Sarah Jane T. Fernandez wrote the 46-page decision with the concurrence of Associate Justices Karl B. Miranda and Kevin Narce B. Vivero.