Sandigan acquits ex-Sarangani Gov. Escobar of 2 graft charges
The Sandiganbayan has acquitted former Sarangani Gov. Miguel D. Escobar and three others of their graft charges on alleged irregular purchases of textbooks more than two decades ago.
Escobar was cleared in two graft charges while former committee on awards members Wahid L. Diama, Sittiehawa B. Marohomsalic, and Vivencia S. Telesforo were acquitted in one case.
In November 2002, the province purchased for P1.5 million 15,000 pieces of textbook “ABC My Practice Book I” from Supplier Institute for Youth Volunteers Service and Early Childhood Development Inc. (IYVSECDI) for distribution to preschool children of Saranggani.
The prosecution alleged that Escobar signed the disbursement voucher even though he knew that the late Provincial Social Welfare and Development officer Hermelo B. Latoja, whose case has already been dismissed, was appointed as attorney-in-fact of IYVSECDI.
Then in June 2003, the province purchased another 15,000 textbooks amounting to P1.5 million. Two years after the purchase, the prosecution claimed that some of the textbooks have yet to be delivered to the individual beneficiaries.
In resolving the first graft charge, the Sandiganbayan said that Escobar could not be convicted because the prosecution failed to prove how he conspired with Latoja.
"Here, accused Escobar's acts do not show that he knew about any direct or indirect financial interest that accused Latoja may have had in the questioned procurement," the court said.
Also, the court said it remains unclear whether Escobar knew of Latoja's appointment when he signed the disbursement voucher. "Moreover, it was not shown that accused Escobar profited from the transaction," it said.
On the second graft charge, the court said that there was likewise no proof that the accused acted with manifest partiality, evident bad faith, or gross inexcusable negligence.
"Irregularity in the distribution of the preschool textbooks is not a proper subject of this case. What is relevant here is, based on the records of this case, the preschool textbooks were completely delivered and there was no finding of overpricing. Hence, it could not be said that the province of Sarangani was unduly injured or damaged because of the questioned procurement," the court ruled.
The 44-page decision was written by Associate Justice Maryann E. Corpus-Mañalac with the concurrence of Fifth Division Chairperson Rafael R. Lagos and Associate Justice Maria Theresa V. Mendoza-Arcega.