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Sandigan acquits ex-Muntinlupa City mayor San Pedro, businessman of graft in P97.5M vehicle purchases
Sandigan acquits ex-Muntinlupa City mayor San Pedro, businessman of graft in P97.5M vehicle purchases
The Sandiganbayan has acquitted former Muntinlupa City mayor Aldrin L. San Pedro and businessman Angel O. Palmiery of graft charges in the purchases of fire trucks and aerial ladder for P97.5 million in 2008 and 2009.
In a decision promulgated last Friday, March 1, the Sandiganbayan said: “All things considered, this Court is of the view that accused’s guilt was not proven beyond reasonable doubt….”
It also said “the prosecution failed to prove the existence of a corrupt intent, dishonest design and unethical interest which goes to the very nature of the offense charged.”
“Wherefore, premises considered, judgment is hereby rendered acquitting accused Aldrin L. San Pedro and Angel P. Palmiery for failure of the prosecution to prove their guilt beyond reasonable doubt,” the anti-graft court ruled in a decision written by Associate Justice Edgardo M. Caldona with the concurrence of Second Division Chairperson Oscar C. Herrera Jr. and Associate Justice Arthur O. Malabaguio.
The court also ordered the lifting of the hold departure order issued against San Pedro and Palmiery and the return of the bail bonds they posted for their provisional liberty.
San Pedro and Palmiery were charged with graft on the P97,520,000 loan sourced by Muntinlupa City from Land Bank of the Philippines’ (LBP) Omnibus Term Loan Facility as payment to Palmer-Asia, Inc. for three fire trucks and one aerial ladder truck.
The money, paid in four tranches, was received by Palmer-Asia – represented by Palmiery as general manager -- on July 27, 2008; Dec. 15, 2008; Jan. 27, 2009; and March 16, 2009. The Deeds of Sale for the said vehicles was signed on March 27, 2012 and May 20, 2009.
The prosecution alleged that San Pedro allowed Palmer-Asia to register the vehicles under its name on April 2, 2009; March 25, 2009, March 16, 2009; and Nov. 7, 2014, respectively.
It claimed that Palmer-Asia also mortgaged the vehicles with Banco de Oro and AIG PhilAm Savings Bank, and the chattel mortgage was released only on April 23, 2009 and March 31, 2009.
It also alleged that the firetrucks were registered under the name of Muntinlupa City only on July 16, 2012, and the aerial ladder truck only on Nov. 25, 2014.
San Pedro and Palmiery, the prosecution alleged, caused "the LGU to incur interests on its withdrawn loan while being deprived of the use of the procured vehicles, to its damage and prejudice.”
“Indeed, the records are bereft of evidence to prove that the accused acted in furtherance of an unlawful common design or purpose. It is settled that a conviction premised on a finding of conspiracy must be founded on facts, not on mere inferences or presumptions. Bare allegations and testimony without competent proof should not be considered,” the Sandiganbayan pointed out.