The Sandiganbayan has affirmed the conviction of seven former officials of the Philippine National Railways (PNR) on two counts of graft for purchasing in 2013 a different kind of wood despite the specification of Yakal wood in the bid documents.
In a resolution issued last July 26, the anti-graft court denied the separate motions for reconsideration filed by former division manager Abdul Aziz M. Pangandaman, department managers Estelito A. Nierva and Ruben Arsenue Besmonte, attorney V Neofito C. Perilla, assistant department manager Divina Gracia D. Dantes, and engineers Cesar Lasquite Bocanog and Mario "Marlo" Dator Arias.
Also affirmed were the prison term ranging from six to 10 years for each count of graft and perpetual disqualification from holding public office.
In their motions, those convicted pointed out that the specification of Yakal wood in the bid documents did not automatically mean that only Yakal should be purchased.
They insisted that Yakal was used as a generic term that could be used interchangeably with Larch wood, and their decision to purchase Larch wood was not gross inexcusable negligence.
At the same time, they told the anti-graft court that safety has never been an issue despite the use of Larch wood, and, thus, they did not act with deceitful intent and there was therefore no motivation to give unwarranted benefit, advantage, or preference to any supplier.
In denying their motions, the Sandiganbayan said: "This court thus remains unconvinced that the continued reference to Yakal wood even after Larch wood was offered was an honest mistake.”
“Accused's common claim to the necessary finding of corrupt intent, a dishonest design, or some unethical interest before they can be convicted for [graft] does not hold,” it stressed.
The nine-page resolution was written by Seventh Division Chairperson Ma. Theresa Dolores C. Gomez-Estoesta with the concurrence of Associate Justices Zaldy V. Trespeses and Georgina D. Hidalgo.
In its June 9, 2023 decision, the anti-graft court acquitted their co-accused, former general manager Junio Norberto M. Ragragio and division manager Rosendo C. Calleja, for failure of the prosecution to prove their guilt beyond reasonable doubt.
The first graft charge was due to the purchase of 9,090 Larch wood bridge ties, 428 pieces Larch wood joint ties, and 25 sets Larch wood switch ties for P37,747,832.60 from Nikka Trading even if the bidding documents specified Yakal wood.
In the second graft case, those convicted were accused of paying Nikka Trading P9,387,148.23 for 1,040 Larch wood bridge ties, 514 pieces Larch wood joint ties, and 16 sets of Larch wood switch ties.