Former Romblon governor Eleandro Jesus F. Madrona, two other provincial officials, and a private individual have been acquitted by the Sandiganbayan of their graft charge in the purchase of liquid fertilizer for P4.8 million in 2004.

Aside from Madrona also acquitted were then provincial agriculturist Geishler F. Fadri, senior agriculturist Oscar P. Galos, and Elisa D. Morales, representative of Feshan Philippines, Inc. which supplied the fertilizer.

The prosecution alleged that the amount of P4,863,823.19 was awarded to Feshan through direct contracting for the purchase of 3,333 bottles of Bio Nature liquid organic fertilizer at P1,500 per bottle.

In its decision, the anti-graft court said that the prosecution failed to establish with moral certainty all of the elements of the crime charged. In particular, the court said that the prosecution failed to prove how the accused acted with manifest partiality, evident bad faith, or gross inexcusable negligence.

The court said the Government Procurement Act admits certain exceptions to the requirement of public bidding, and direct contracting is allowed when there are no suitable substitutes in the market that can be obtained at more advantageous terms.

It said that while the prosecution presented rates from other fertilizer suppliers, it failed to prove that the similar fertilizer “would serve substantially the same purpose or produce substantially the same results as the Bio Nature fertilizer procured by the province of Romblon."

"The prosecution having failed to discharge its burden of proving beyond reasonable doubt the guilt of the accused, the latter are entitled to a judgment of acquittal," the court ruled.

The anti-graft court also stressed:

“At the risk of being too repetitive, this Court cannot overemphasize the rule -- established as early as 2002… -- that teaches us that even if the procurement laws, i.e., Republic Act No. 9184, and its various implementing rules have been proven to have been violated, the same will not automatically result in the conviction of the accused for violation of R.A. No. 3019 (the anti-graft law).

“The prosecution must, in addition, prove beyond reasonable doubt that in failing to observe the mandatory requirements imposed by R.A. No. 9184, the accused acted with, and were guilty of, manifest partiality, evident bad faith, or gross inexcusable negligence.

“The Court carefully weighed the evidence presented by the prosecution but regrettably found the same to be sorely wanting in this regard.”

The 36-page decision was written by Associate Justice Kevin Narce B. Vivero with the concurrence of Sixth Division Chairperson Associate Justice Sarah Jane T. Fernandez and Associate Justice Karl B. Miranda.