Former mayor Neptali P. Salcedo of Sara town in Iloilo and three others have been acquitted by the Sandiganbayan of their 10 graft charges on the alleged irregular payments for diesel fuel, engine oil, and lubricants in 2003.
Also acquitted were former municipal treasurer Edna A. Pacrim, acting municipal accountant Edgardo V. Beatingo, and municipal engineer Roel C. Salcedo.
The prosecution accused them of making excess payments for P153,721.60 to Sara Caltex Station since the fuel, lubricants, and oil purchased were not supported by Driver's Trip Tickets.
In acquitting them, the Sandiganbayan said the prosecution failed to prove beyond reasonable doubt the third element of the crime of graft --- that the accused acted with evident bad faith.
"In the instant cases, the evidence presented by the prosecution only proved that the supporting documents for the disbursements made were incomplete such that there were missing Driver's Trip Tickets to cover the whole amount released to Sara Caltex Station," the court said.
"However, the fact that there were missing documents does not, by itself, prove with moral certainty that the accused had a manifest deliberate intent to cause damage or that they were spurred by any corrupt motive," it said.
It also said that even if the Driver's Trip Tickets were indeed incomplete to cover the amount paid to Sara Caltex Station, the prosecution failed to prove that the gasoline station failed to deliver the fuel, oil, and lubricants so as not to entitle them to the alleged excess amount.
"Where there is reasonable doubt, the accused must be acquitted even though their innocence may not have been established. Upon examination of the evidence of the prosecution and the defense, the Court finds that the prosecution failed to prove the guilt of the accused with moral certainty," it stressed.
Sandiganbayan’s Fourth Division Chairperson Michael Frederick L. Musngi wrote the 32-page decision with the concurrence of Associate Justices Lorifel L. Pahimna and Bayani H. Jacinto.