The Sandiganbayan has acquitted former Malabon City Rep. Federico Sandoval II and eight others of their graft and technical malversation charges for failure of the prosecution to prove their guilt beyond reasonable doubt.
Sandoval was cleared of alleged violations of Section 3(e) of Republic Act 3019, the Anti-Graft and Corrupt Practices Act, and Article 220 of the Revised Penal Code on Illegal Use of Public Funds or Technical Malversation.
Also acquitted were Department of Agriculture (DA) Regional Executive Director Dennis B. Araullo and DA Regional Field Unit IV employees Juvylee C. Obice, Raymundo E. Braganza, Lourdes T. Imperial, Abelardo De Los Reyes, Felix I. Ramos, Ofelia C. Montilla, and private individual Remus C. Villanueva of LCV Design and Fabrication Corporation.
The cases against DA-IV employees Gregorio P. Sangalang and Balagtas J. Torres have been ordered archived since they remained at large.
From April 26 to May 14, 2004, Sandoval was accused of purchasing one unit Tornado Brush Chipper for P3 million from LCV and charged it against the Farm Input Fund for the Ginintuang Masaganang Ani Program of the DA.
The prosecution alleged that the purchase was done without public bidding and Sandoval and his co-accused resorted to direct contracting, therefore giving unwarranted benefit to LCV.
The court said that when making purchases, public officials are required to go through public bidding in order to secure the best possible price for the government. However, there are instances when direct contracting is allowed, it said.
One such instance is when the purchase involves goods of proprietary nature -- meaning it is protected by patents, trade secrets, and copyrights that prohibit others from manufacturing the same time, the court said.
In this case, the court said that Villanueva's Tornado Brush Chipper lacks patent registration. However, this shortcoming "does not militate against Villanueva's claim that he is the proprietary source of the Tornado shredder chipper," it said.
It pointed out that Villanueva already took steps prior to the city's purchase of the chipper to cement his status as the exclusive distributor of the Tornado Brush Chipper.
So, when Sandoval and the others purchased from him, Villanueva believed himself to be the executive distributor of the Tornado Brush Chipper, and this is the reason why "the court finds no cogent reason to convict Villanueva," court’s decision stated.
The court also found that there was no unwarranted benefit or preference given to Villanueva, and the public officials used public funds "in accordance with its purpose and the procured equipment was actually delivered."
"For failure of the prosecution to prove the existence of the elements of the crime charged, it therefore follows that the dismissal of the case is warranted," it said.
Associate Justice Arthur C. Malabaguio wrote the 40-page decision with the concurrence of Chairperson Oscar C. Herrera Jr. and Associate Justice Michael Frederick L. Musngi.
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