A former town mayor of Consolacion, Cebu and seven other persons were acquitted of graft charges by the Sandiganbayan on Friday, Feb. 16, over the purchase of alleged overpriced fertilizers for P249,000 in 2005.

In a 35-page decision penned by Associate Justice Rafael R. Lagos, the Sandiganbayan's fifth division acquitted former Mayor Avelino J. Gungob Sr. and his seven co-accused of violation of Section 3(e) of Republic Act (RA) 3019, the Anti-Graft and Corrupt Practices Act, “for failure of the prosecution to prove their guilt beyond reasonable doubt.”

Also acquitted were former municipal treasurer Rosalina S. Maglasang, former municipal agriculturist Evangeline M. Puao, former municipal engineer Carlito H. Maglasang, former municipal social welfare and development officer Florida S. Bagasbas, former municipal assessor Marilou H. Herrera, Siegfried G. Catalonia, and MM General Merchandise owner Marilyn M. Castillo

“The Hold Departure Orders issued against the foregoing accused are lifted and the bail bond posted for their provisional liberty are hereby released in their favor, subject to the usual accounting and auditing procedures,” the anti-graft court said.

The court, however, ordered the issuance of an alias warrant of arrest against former municipal accountant Lecelie J. Placibe who “jumped bail and remains at-large.”

The Sandiganbayan said that the case against her has been archived “subject to reinstatement of the same once she has been under the custody of the law.”

The prosecution claimed that the former town officials purchased 166 bottles of liquid fertilizers at P1,500 per bottle while the actual price was only P180 per bottle.

In acquitting them, the court said: "In sum, while the price of P1,500 per liter of liquid fertilizer may seem excessive, the prosecution was not able to prove by adequate and satisfactory evidence, particularly through pertinent documents from the COA (Commission on Audit), that they were indeed overpriced as determined in accordance with established rules and jurisprudence."

"This insufficiency or weakness in the evidence offered by the prosecution was fatal to its cause and far outweighed some of the discrepancies in the accused’s own evidence. Consequently, the alleged undue injury suffered by the government or the unwarranted benefit given to accused Castillo through manifest partiality, evident bad faith, or gross inexcusable negligence on the part of accused public officers were not proven." it also said.