The Sandiganbayan has denied anew the motions filed by former Muntinlupa City Mayor Aldrin L. San Pedro and private individual Angel O. Palmiery to dismiss their graft charges on the P97.5 million purchase of fire trucks in 2008 and 2009.
In a resolution, the anti-graft court’s second division ruled that the motions were “bereft of merit.” The court stood pat on its July 15, 2022 resolution that denied their original motions to dismiss.
Second Division Chairperson Oscar C. Herrera Jr. wrote the four-page resolution with the concurrence of Seventh Division Chairperson Ma. Theresa Dolores C. Gomez-Estoesta, and Associate Justice Bernelito R. Fernandez. Associate Justices Arthur O. Malabaguio and Michael Frederick L. Musngi dissented.
San Pedro and Palmiery were charged with violation of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, in the P97,520,000 loan sourced by Muntinlupa City from the LBP Omnibus Term Loan Facility as payment to Palmer-Asia for three fire trucks and one aerial ladder truck.
The money, paid in four tranches, was received by Palmer-Asia on July 27, 2008; Dec. 15, 2008; Jan. 27, 2009; and March 16, 2009. The Deeds of Sale for the said vehicles were signed on March 27, 2012 and May 20, 2009.
The prosecution said the late issuance of the deeds of sale allowed Palmer-Asia to register the vehicles under its name on April 2, 2009; March 25, 2009, March 16, 2009; and Nov. 7, 2014. It also said that Palmer-Asia mortgaged the vehicles with Banco de Oro and AIG PhilAm Savings Bank, and the chattel mortgage was released only on April 23, 2009 and March 31, 2009.
The firetrucks were registered under the LGU's name only on July 16, 2012, and the aerial ladder truck only on Nov. 25, 2014, the prosecution said. Thus, it said, acts of San Pedro and Palmiery caused the LGU “to incur interests on its withdrawn loan while being deprived of the use of the procured vehicles, to its damage and prejudice."
In 2017, the court’s second division dismissed a different graft charge filed against San Pedro after finding that his right to speedy disposition of cases was violated.
The graft charge involved the purchase of 40,000 trolley bags worth P22 million from CLMP Trading even if it was not included in the annual procurement plan of the city government for 2008. The prosecution added that no public bidding was conducted, and the supplier was not financially and technically qualified to provide the trolleys.
The court decided to dismiss the charges against San Pedro due to the delay incurred by the Office of the Ombudsman. "A careful perusal of the records of this case supports the conclusion that the prosecution has been remiss in its duty to prosecute the case with reasonable dispatch," the 2017 resolution written by Associate Justice Musngi stated.
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