The Sandiganbayan has affirmed the graft conviction of former general manager Robert Dean Smith Barbers and two other officials of the now-defunct Philippine Tourism Authority (PTA) after denying their motions for reconsideration.

Barbers, together with former deputy general manager Edgar T. Bocar and former construction implementation department manager Armando L. Miranda, were found guilty beyond reasonable doubt of violating Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, in a decision issued last June 27.

Barbers was convicted of one count of graft, Miranda of two counts, while Bocar was guilty of all three counts. They were sentenced to a prison term ranging from six to eight years for each count of graft.

The cases stemmed from the construction of the P3.7 million sports complex in Intramuros, Manila that was awarded and paid to I.A. Bosque Construction Corporation in 2005 even without approval from the Intramuros Administration (IA).

In his motions for reconsideration, Barbers argued that there was no showing that he was formally informed of the disapproval by the IA of the proposed PTA Sports Complex Project. Without this proof, Barbers said that there can be no conscious criminal design on his part to participate in a supposed conspiracy to cause undue injury to the government.

Bocar, on the other hand, said that he merely relied on the regularity of the performance of the functions and duties of the other government personnel.

For his part, Miranda argued that the engagement of I.A. Bosque Construction for the PTA Sports Complex arose from a legitimate public bidding which was participated in by different contractors.

However, the anti-graft court found their motions bereft of merit.

The court ruled: "After a review of the records of the case and the arguments raised by the parties, the court denies the three motions for reconsideration. The matters raised by the accused, including those raised by Bocar in his belatedly filed supplemental motion for reconsideration, are a mere rehash and repetition of the issues and matters which have already been substantially considered and resolved.”

It pointed out that Barbers' contention that he was not formally informed of the IA's disapproval and Bocar's reliance on the regularity of performance of other government personnel "only bolsters the finding that they were grossly and inexcusably negligent in carrying out their functions."

It stressed that the project would not have pushed through had Miranda not signed the disbursement vouchers (DVs) for the partial payments to I.A. Bosque Construction Corporation.

It added: “In this case, the accused cannot invoke the purported lack of irregularity on the face of the disbursement vouchers that would prompt them to investigate further, precisely because it is the accused's own gross and inexcusable negligent acts and omissions that led to the signing of these vouchers and payment to I.A. Bosque Construction Corporation."

The 17-page resolution was written by Associate Justice Karl B. Miranda with the concurrence of Sixth Division Chairperson Associate Justice Sarah Jane T. Fernandez and Associate Justice Kevin Narce B. Vivero.