Sandigan dismisses graft charge vs ex-Navy lieutenant
The Sandiganbayan has dismissed the graft charge filed against then Philippine Navy (PN) Lt. Rufino G. Arias Jr. in the irregular procurement of medicines and medical and dental supplies in 1990 and 1991.
Arias was not included in the original criminal charge sheet filed by the Office of the Ombudsman (OMB) before the Sandiganbayan. However, when the prosecution amended the charges, he was included as an accused.
But the anti-graft court dismissed the graft charge against Arias “since the allegations in the subject amended information (criminal charge sheet) do not constitute an offense.”
Arias, who was then PN's processing officer, reportedly recommended payment to PDP Enterprises amounting to P560,400 despite lack of appropriation.
In dismissing the charge against Arias, the anti-graft court ruled that “the allegations against him do not constitute an offense.”
Presiding Justice Amparo M. Cabotaje-Tang wrote the 15-page resolution with the concurrence of Associate Justices Bernelito R. Fernandez and Ronald B. Moreno.
Arias is one of the co-accused of retired PN Read Admiral Gilmer B. Batestil and private individual Edna R. Gianan, who were earlier found guilty of several counts of graft and malversation in a decision promulgated in October 2022.
Bastetil was found guilty of 20 counts of malversation and 16 counts of graft, while Gianan, owner of ERG Marketing, was convicted of nine counts of malversation and five counts of graft. Their co-accused, Ermina L. Castillo, was found guilty of one count of graft while Victoriano Chua was convicted of four counts of graft.
Batestil was acquitted in four counts of graft, Gianan was acquitted in one graft charge, while Castillo was acquitted in 18 counts of graft.
Also acquitted were retired Capt. Julian L. Advincula, Supply Officer Cirilo Saldon, Capt. Jesus T. Durian, Capt. Swen P. Mamhot, Celso Tablante, Assistant Logistics Officer Virgilio Ortega, Lourdes S. Cobarrubias, Emmanuel D. Gob, Capt. Benjamin P. Quines, Dario T. Fajardo, retired Commodore Plaridel Garcia, retired Commodore Rene Leandro R. Ebro, Commander Julito Casilan II, and Manuel R. Tuazon.