The Sandiganbayan has acquitted six former officials of the Department of Agriculture (DA) in Region XI, Davao Region, of their graft charges involving the purchases of P4.9 million worth of planting materials in 2004.
In a decision issued on July 28, 2023, the anti-graft court dismissed the charges against former regional technical director Romulo S. Palcon, administrative officer III Godofredo A. Ramos, budget officer II Gilda Y. Cordero-Panal, regional accountant Mariflor S. Garcia, regional cashier Rita R. Retino, and ashier I Corazon M. Ebero for failure of the prosecution to prove their guilt beyond reasonable doubt.
The charges against former regional executive director Roger C. Chio and regional director Carlos B. Mendoza had been dismissed in light of their deaths, while the case against chief of administrative division Francisco B. Agustin had been ordered archived pending his arrest.
The graft charges stemmed from the payment made to private suppliers Everland Agri Corporation, Mintal Fruit Nursery, and Asian Hybrid Technology Inc. from April to November 2004.
The prosecution alleged that the accused signed several bids and awards committee (BAC) resolutions in order to disburse a total of P4,916,906 despite absence of documents showing any advertisement, eligibility screening of prospective bidders, receipt and opening of bids, evaluation of bids, post-qualification, and award of contract.
But while the accused may have allegedly violated relevant procurement laws in this case, the anti-graft court said there remains a reasonable doubt that they may not have "consciously and intentionally did so in order to commit fraud, to purposely commit a crime, or to gain profit for themselves so as to amount to fraud."
It said there was no unwarranted benefit, advantage, or preference were given to the private suppliers. "There was no showing that the winning bidders conspired or connived with any member of the BAC or any of the accused or whether the accused themselves conspired between and among themselves," it also said.
"This alone casts doubt on the culpability of the accused for the crime charged,” it ruled.
The 44-page decision was penned by Associate Justice Bernelito R. Fernandez with the concurrence of Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Ronald B. Moreno.