The Sandiganbayan has acquitted former Bataan governor Leonardo B. Roman of the graft charge filed against him in the P3.66 million construction of a mini theater at the Bataan State College in 2003.

Roman was charged with violation of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, for entering into a P3.66 million contract with V.F. Construction on Nov. 3, 2003 for the construction of the mini theater.

The prosecutors claimed that the contract was not notarized and did not contain a stipulation on performance or target completion date.

It was also alleged in the charge that Roman executed a Certificate of Completion dated Feb. 20, 2004 attesting that the project was completed.

Based on the Commission on Audit’s (COA) Inspection Report, the project was still incomplete after more than five months when the final payment was made, the prosecutors also alleged.

In clearing Roman, the anti-graft court said that the prosecution's evidence failed to prove beyond reasonable doubt all of the elements of graft, in particular, the second element of graft which is that the accused acted with manifest partiality, evident bad faith, or gross inexcusable negligence.

While the prosecution was able to prove that Roman indeed caused undue injury to the government and gave unwarranted benefit to V.F. Construction when he allowed the disbursement of public funds, the court found that it was unsuccessful in proving that he acted with bad faith, partiality, or negligence.

The court said that Roman's act of signing the contract even without a valid allotment or appropriation does not amount to bad faith, since Roman merely relied on his subordinates. His act of signing the Certificate of Acceptance was also the same, as he only relied on the certifications given to him by the provincial engineer.

"Clearly, Roman's reliance on his subordinates in this case is deemed to be in good faith. Absent any proof of conspiracy, especially with the demise of most of his co-accused, the prosecution has failed to establish that Roman conspired with the other accused in the commission of the offense charged," the court said.

"In the present case, the prosecution has failed to show an iota of proof that Roman was animated with malicious intent, and consciously pursued a notorious scheme to deliberately favor V.F. Construction over other bidders," it added.

The 31-page decision was written by Associate Justice Arthur O. Malabaguio with the concurrence of Associate Justices Edgardo M. Caldona, Geraldine Faith A. Econg, and Kevin Narce B. Vivero. Second Division Chairperson Oscar C. Herrera Jr. dissented.