Former Zamboanga del Sur governor Aurora E. Cerilles and nine other local officials have been acquitted of graft charges by the Sandiganbayan over the alleged anomalous purchase of furniture, fixtures and equipment worth more than P8 million in 2009.
Aside from Cerilles, also acquitted were then provincial administrator and Bids and Awards Committee (BAC) chairman Pepito B. Degamo; then provincial legal officer Mark Anthony S. Padayhag; then executive assistant Tyrone D. Singgo; Provincial Agriculturist Marilyn S. Bersales; Supply Officer Wenefrada M. Canada; Executive Assistant Allan M. Cabatingan; Liza M. Aranding and Arneil B. Aranding of Lucky Saver General Merchandise (LSGM); and Cristie M. Cabrera of Jhen-Cris Enterprises (JCE).
The decision, written by Associate Justice Geraldine Faith A. Econg with the concurrence of Associate Justices Edgardo M. Caldona and Arthur O. Malabaguio, acquitted them for failure of the prosecution to prove their guilt beyond reasonable doubt.
In the same decision, the anti-graft court ordered the lifting of the hold departure orders (HDOs) issued against those acquitted.
Also, the amounts deposited as cash bail were ordered released "subject to the usual accounting and auditing procedure."
The charges against those acquitted stemmed from the alleged anomalous purchase of furniture, fixtures and equipment bought by the local government from LGSM and JCE in 2009 for P8,589,510.54.
The court said "the prosecution was not able to establish the fourth element of Section 3 (e) of RA No. 3019 for the procurement of the subject pieces of furniture, fixtures and equipment.”
“It (the prosecution) was not able to prove beyond reasonable doubt that the violation of procurement laws caused undue injury to any party, including the government, or gave any private party unwarranted benefits, advantage or preference,” it explained.
Also, the court said "the prosecution has failed to convince this Court, through direct or circumstantial evidence, the existence of conspiracy, either in express or implied form, among the accused.”