The Sandiganbayan has dismissed the graft charge filed against 11 former officials of the Pamantasan ng Lungsod ng Maynila (PLM) in the 2006 purchase of a Hyundai Starex van for the school’s distance learning program.
Cleared by the anti-graft court were former PLM president Benjamin D. Tayabas, dean Domingo B. Nunez, vice president for finance and planning Angelita G. Solis, vice president Virginia N. Santos, professor Eloisa M. Macalinao, supply officer Alfredo C. Ferrer Jr., budget officer Cecilia L. Calma, financial management officer Angeles C. Ramos, professors Lawrence P. Villanueva, and Felix F. Aspiras, and assistant professor II Albert S. Dela Cruz.
The case against former board secretary Justina A. Bontuyan had been archived pending her arrest.
The charge against then acting President Jose M. Roy III had been dismissed on Feb. 9, 2021 based on a decision promulgated by the Supreme Court on March 4, 2020.
The prosecution alleged that the former PLM officials gave unwarranted benefit and advantage to Hyundai Quezon Avenue, Inc. when they purchased one unit Hyundai Starex GRX CrDi 10-seater for P1,114,492.57 without public bidding.
During the trial, the court established that the PLM-Bids and Awards Committee (BAC) members recommended the resort to alternative mode of direct contracting in purchasing the vehicle after finding that the specifications needed can only be supplied by Hyundai.
"Verily, upon verification made by the PLM Property Office from the different car manufacturers in the Philippines, only Hyundai can provide a vehicle with the rotating seat feature," the court said.
"In sum, this Court does not find the foregoing acts of the accused to come close to manifest partiality, evident bad faith, or gross inexcusable negligence," it ruled.
The 40-page decision was written by Associate Justice Bernelito R. Fernandez with the concurrence of Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Ronald B. Moreno of the court’s third division.