Sandiganbayan acquits ex-Occidental Mindoro auditor of graft charges
The Sandiganbayan has acquitted a former provincial auditor of Occidental Mindoro of her graft charges on the alleged anomalous computerization of San Jose town's Real Property Tax Assessment (RPTA) back 2008.
Acquitted in a decision handed down on Wednesday, Jan, 21, was Ethelita E. Ornedo who was cleared of two counts of violation of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, for failure of the prosecution to prove her guilt beyond reasonable doubt.
Ornedo’s co-accused, former San Jose municipal mayor Romulo de Mesa Festin, had earlier been acquitted of the charges.
The charges stemmed from the P4,499,712 award given on July 7, 2008 to JABL Information Solutions for the computerization even without undergoing public bidding.
Sometime in September 2008, Festin and his co-accused reportedly gave unwarranted benefit to Micro Enterprise by purchasing four units of multi-cab for P850,000, also without undergoing public bidding.
In its decision, the anti-graft court said that the documentary and testimonial evidence on record failed to prove beyond reasonable doubt that Ornedo was guilty of two counts of graft.
"Notably, nothing in the cited irregularities is attributable to Ornedo. This is also confirmed by the private complainant. If any, Ornedo's only participation in this transaction is when she responded to the queries of the bids and awards committee through a letter dated Nov. 14, 2008," the court said.
But in the said letter, the court said that Ornedo simply reiterated the provisions of Republic Act No. 9184, the Government Procurement Act, on the Invitation to Apply for Eligibility and to Bid, the rules on advertisement or posting, and electronic procurement.
Thus, the court said that “Ornedo should not be held criminally liable for merely responding to a letter inquiry and rendering an advisory opinion, which she did in her capacity as the Provincial Auditor."
The 21-page decision was written by Associate Justice Karl B. Miranda with the concurrence of Associate Justices Ronald B. Moreno and Edgardo M. Caldona.