Sandigan acquits 6 ex-TESDA officials of graft charges involving P358.4M
The Sandiganbayan has acquitted six former officials of the Technical Education and Skills Development Authority (TESDA) of their graft charges in the alleged irregular deals for the supply, delivery, installation and commissioning of various testing and training tools and equipment worth P358.4 million for the agency's Ladderized Education Program in 2007.
Cleared of six graft charges were former TESDA director IV Teodoro S. Sanico, director IV Ernesto A. Beltran, regional director IV Buen S. Mondejar, chief administrative officeroJuanito L. Belda, senior administrative assistant Francis D. Fang, and administrative Officer I Maximiano F. Montemayor
The cases against former director general Syjuco, deputy Director General Rogelio C. Peyuan, director IV Antonio B. Del Rosario, and private individual Vicente G. Roxas have been dismissed on account of their deaths.
The case against against Marjorie S. Docdocil has been ordered archived pending her arrest.
The accused faced trial for three charges for violation of Section 3(g) and another three charges for violation of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act.
In SB-13-CRM-0576, the accused were held responsible for the contract entered into with V.G. Roxas Co., Inc. for P69,287,426.40 for the Ladderized Education Program of TESDA Authority-03 (LEPTES-03).
State prosecutors claimed that contract was grossly and manifestly disadvantageous to the government because various training and testing tools were overpriced by four to 42,732 percent. The prosecution added that various tools and equipment delivered were of low quality, have missing parts, and did not match the distinctive area of competence being offered by training institutions.
Case No. SB-13-CRM-0577 was the contract for Technical Education and Skills for the Nordic Development Fund-TESDA-03 (NDFTES-03) for P96,669,171.88; SB-13-CRM-0578 included the contract for LEPTES-02 for P113,033,072.03.
In cases SB-13-CRM-0579 to 0581, the accused reportedly violated Section 3(e) of RA 3019 for the LEPTES-03 contract for P24,147,504.57; LEPTES-02 contract for P34,232,873.24, and LEPTES-02 contract for P21,395,545.78, respectively.
In acquitting the six accused, the Sandiganbayan based that it was the TESDA's board and not the accused who entered into the contract agreements with V.G. Roxas Company, Inc.
The court said that even the prosecution's own witness, Commission on Audit (COA) State Auditor V Crescencia L. Escurel, admitted under oath that the accused had no participation in the execution of the contracts.
"To an unbiased mind, the foregoing testimony of prosecution witness COA Auditor Escurel should draw no other conclusion except the exoneration of herein accused," the court said.
At the same time, the court found no record of any evidence of conspiracy between and among the accused.
"After a thorough examination of the evidence offered by both parties and, following a careful evaluation of their respective arguments and submissions in support of their causes, this court rules that the accused are entitled to an acquittal from all six charges leveled against them," the anti-graft court said.
The 60-page decision was written by Associate Justice Kevin Narce B. Vivero with the concurrence of Sixth Division Chairperson Sarah Jane T. Fernandez and Associate Justice Karl B. Miranda.