Sandiganbayan acquits private individual on lease of portion of Tarlac City's public market
The Sandiganbayan has acquitted a private individual who was the co-accused of the late former Tarlac City mayor Gelacio R. Manalang in the graft case involving alleged disadvantageous lease of the portion of the city’s public market in 2012.
Acquitted was Ellen T. Laddaran who executed a Develop-Operate-and-Transfer Agreement for 30 years to redevelop 4,954 square meters of Tarlac City’s public market on June 7, 2012.
In filing the graft charge, the prosecution alleged that the initial monthly rental of P70,000 or P14.13 per square meter was considerably low compared to the P78.15 rental rate per square meter under the original contract of lease executed on July 4, 2011.
The prosecution also alleged that Laddaran was able to sublease the same property at the monthly rental rate of P700,000 or P141.30 rental rate per square meter, even if Laddaran did not incur any cost for redevelopment or improvement of the leased property.
In its decision, the Sandiganbayan said the prosecution failed to prove that Manalang acted with manifest partiality, evident bad faith, or gross inexcusable negligence in the execution of the contract with Laddaran.
The anti-graft court also said that the alleged conspiracy between Manalang and Laddaran was not proven.
The court ruled: "The substantial reduction of the area of the premises to be leased under the Amended Contract of Lease, after the same was limited and confined exclusively to the 'wet section' of the TCDPM (Tarlac City Downtown Public Market), excluding therefrom the 'dry section,' more than justifies the corresponding reduction of the stipulated rent."
It also said that it would have been grossly unfair for the local government of Tarlac City to reduce the area to be leased by accused Laddaran, and still insist on the same rental rate.
"Finally, this Court found that no party was granted any unwarranted benefit, nor was the local government of Tarlac City injured or prejudiced as a result of the acts of the accused herein," it added.
The 35-page decision was written by Associate Justice Kevin Narce B. Vivero with the concurrence of Associate Justices Sarah Jane T. Fernandez and Karl B. Miranda.