The Sandiganbayan has dismissed the graft charges filed against several private contractors and a provincial official in the alleged anomalous awards of the more than P142 million worth of rehabilitation projects in Negros Oriental in 2012.
Cleared of the charges with the grant of their demurrer to evidence were Richmark Construction and Supply Manager Ricardo A. Santos, Legazpi Premium Development Corporation (LPDC) Managing Officer Maribel M. Ranola, CTC Builders and Supplies, Inc. Managing Officer Mark Anthony Clemente, AJAN Jeada, Inc. President Danny B. Chan, and Fiat Construction Services General Manager and Proprietor Farouk M. Macarambon.
Also cleared were Lim General Contractor Corporation (LGCC) Masbate President Alejandro C. Lim Jr., Bigfoot Construction and Supply proprietor Wilfredo P. Chu and Provincial Engineer Franco Alpuerto.
Their charges were dismissed by the Sandiganbayan’s second division "for failure of the prosecution to sufficiently establish the essential elements of the crime charged and to overcome the presumption of innocence in favor of the accused."
The private contractors and the provincial engineer were the co-accused of Negros Oriental Gov. Roel R. Degamo, whose case was already dismissed on the ground of double jeopardy in a resolution dated Dec. 22, 2021. The 2021 resolution also dismissed the charge against Provincial Treasurer Danilo Mendez and Provincial Accountant Teodorico Reyes.
A demurrer to evidence is a pleading filed by an accused in a criminal case to dismiss the charge for alleged insufficiency of the prosecution’s evidence to sustain a conviction. The grant of the demurrer is equivalent to the acquittal of the accused. The denial means the trial of the case should proceed.
In granting the demurrer to evidence filed by the accused, the anti-graft court ruled that the allegation of conspiracy was not established by the prosecution's evidence.
"No evidence was presented relating the accused private contractors with the public officers or proved that the private contractors had knowledge on the withdrawal of the SARO (Special Allotment Release Order)," the resolution read.
"It is basic that whoever alleges a fact has the burden of proving it because mere allegation is not evidence. Therefore, the Court finds that the evidence presented by the prosecution is undoubtedly insufficient to make out a case or sustain the issue," it said.
Those cleared reportedly conspired with one another by awarding the rehabilitation projects and issuing the payment of 15 percent of the total amount despite an earlier order issued by the Department of Budget and Management (DBM) which withdrew the SARO.
The prosecution claimed that from Aug. 1 to 23, 2012, the local officials agreed to the deepening, rechanneling, and protection of the dike of Sicopoong River in Sta. Catalina and awarded the project to Fiat Construction Services for P6.56 million as 15 percent advance payment for the project.
They also allegedly awarded the rechanneling and protection of the dike of Amio River to Richmark Construction & Supply and paid the company P6.74 million as 15 percent advance payment.
The prosecution said the third award went to LPDC for the rehabilitation and improvement of river control and rechanneling, deepening along Tanjay River for a 15 per cent down payment of P29.9 million.
It said two awards were given to LPDC for the control and rechanneling of rivers – Ocoy river for P29.9 million and for Ajong River for P7.27 million.
It added that the other awards were given to LGCC for the rehabilitation and improvement of river control and rechanneling and deepening along Banica River for P22.4 million; CTC Builders and Supplies, Inc. for the rehabilitation and construction of the river dike of Siaton for P14.98 million; CTC for the rehabilitation of Tapon Norte River Control for P7.49 million; AJAN Jeada, Inc. for dredging of Tamogong River for P14.98 million; Bigfoot Construction and Supply for rehabilitation and improvement of Tambuhangin Bridge for P1.19 million; and Amlan for rehabilitation and improvement of Balugo bridge for P1.49 million.