The Sandiganbayan has acquitted two former municipal mayors of their graft charges in separate decisions promulgated on Monday, July 17.
Acquitted were former Mulanay, Quezon mayor Joselito A. Ojeda who was accused in the alleged irregular procurement of a generator set back in 2013.
Also acquitted was then mayor Gemino Ayo Imperial of Pamplona town in Camarines Sur. He was charged in the alleged anomalous rental of the municipality’s heavy equipment in 2014.
Acquitted together with Ojeda were then chairperson of the town’s bids and awards committee (BAC) Delio H. De Leon, BAC members municipal budget officer Noel M. Eroa and revenue collection clerk II Marina L. Palillio.
They were charged with reportedly giving unwarranted benefits or advantages to Alta Manpower Corporation (AMC) by recommending or awarding the contract to the company for the procurement of one unit generator set for P500,000.
The prosecution claimed that the award was made despite AMC's alleged ineligibility or disqualification in the technical component of the bid and contrary to pertinent procurement laws and regulations, therefore causing undue injury to the government.
But the anti-graft court acquitted Ojeda and his co-accused because their actions do not constitute manifest partiality, evident bad faith, or gross inexcusable negligence.
"It was not sufficiently proven that accused Ojeda preferred AMC as the supplier of the generator set," the anti-graft court said as it noted that there was also no proof that Ojeda had knowledge of the irregularity in bidding.
The court also said: "The prosecution was not able to prove that accused Ojeda required the payment and personal delivery of the check to AMC prior to the delivery of the generator set. It was not satisfactorily established that accused Ojeda had knowledge of the date of the delivery of the generator set which could have shown that he acted with evident bad faith or gave unwarranted benefits to AMC."
In the case of Imperial, the charges against him arose from the contract for the rental of heavy equipment on Jan. 15, 2014 with Rodolfa Pua.
The municipality offered a rate of P500 per day for the rental of back hoe and grader. But the prosecution claimed that the offer was grossly disadvantageous to the municipality since the town’s ordinance on the town’s Revised Revenue Code prescribed a rental rate of P1,200 per hour for each heavy equipment.
In acquitting Imperial, the anti-graft court found that the prosecution failed to prove with moral certainty the actual amount of damage or injury sustained by the government.
It said there was doubt as to the authenticity of the prosecution's evidence, particularly the alleged copy of the contract for the rental of heavy equipment.
"Clearly, without the contract and the documentation on the utilization of heavy equipment, we cannot convict the accused as the law requires moral certainty that a crime was committed," the court said.
"The accused enjoys the presumption of innocence which can only be overcome by proof beyond reasonable doubt. The prosecution must rest on the strength of its evidence and not rely on the weakness of the defense," it added.