The Sandiganbayan has acquitted an engineer of the Department of Public Works and Highways (DPWH) and a private contractor who were convicted of graft and falsification of public documents by the regional trial court (RTC).

Acquitted were DPWH Project Engineer Christine N. Buena and Evangeline Y. Lapus, authorized Managing Officer of E. Lapus Enterprises, who were found guilty of releasing public funds despite an alleged unfinished project.

Reversed was the RTC conviction that could have sent Buena and Lapus to jail for imprisonment ranging from three to eight years and one day for falsification and a fine of P5,000, and another prison term ranging from six to seven years for graft and payment of P3,347,762 to the government for the alleged unfinished project.

The charges against them stemmed from the Improvement/Rehabilitation of Caibaan Road in Tacloban City, Leyte. The scope of work involved the installation of reflective pavement markings or studs more commonly known as "cats' eyes" and the application of thermoplastic pavement markings that refer to the white-colored broken lines at the center of the road.

The prosecution alleged that the DPWH official caused the disbursement of P4,304,857.55 to E. Lapus Enterprises for the payment of the 100 percent accomplishment of the project. 

However, the prosecution claimed only P763,365.90 should have been paid as only 16.04 percent was accomplished. As a result, undue injury was caused to the government amounting to P3,541,491.55.

Buena and Lapus appealed their conviction and told the Sandiganbayan the prosecution failed to prove their guilt beyond reasonable doubt.

The anti-graft court found their appeal "meritorious" as there was not enough proof that the application of thermoplastic pavement markings on the 3,500-meter length of Caibaan Road was never fully completed by the contractor.

"Instead, it relied on the finding in the Inspection Report that such markings were also applied to the portion of the same road with width of four meters, in alleged violation of the DPWH Manual," the decision stated.

"However, such finding is different from the allegation that the contractor failed to complete or totally accomplish the work of application of thermoplastic pavement markings on Caibaan Road. This allegation was never clearly proven by the prosecution, thus no evidence of falsification of the statement of works accomplished (SWA)," it also stated.

Given that there was no falsification of the SWA, the court said "with more reason then that manifest partiality and evident bad faith were not proven." 

The court ruled: "To conclude, the Court holds that the prosecution failed to prove beyond reasonable doubt the guilt of Buena and Lapus of the criminal offense with which they are charged. For this reason, they are entitled to a judgment of acquittal and reversal of the decision of the court a quo (RTC)." 

The 15-page decision was written by Associate Justice Edgardo M. Caldona with the concurrence of Presiding Justice Geraldine Faith A. Econg and Associate Justice Arthur O. Malabaguio.