By Francis Allan L. Angelo
Closure and resolution remain elusive for the controversial P125-million Iloilo City housing project located in the town of Pavia, Iloilo with the acquittal of several former officials for graft charges filed before the Sandiganbayan.
In a 66-page decision promulgated on June 7, 2021, the Sandiganbayan Fourth Division said the prosecution failed to prove the guilt beyond reasonable doubt of former city councilor Jose Junio Jacela, Reynaldo Asuncion, Ely Bagtasus, and Nilo Moralidad.
The four former officials were part of the nine accused in SB-12-CRM-0272 for violation of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).
Section 3(e) of RA 3019 refers to causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision applies to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
The other accused were former Iloilo City mayor Mansueto Malabor, former councilor Eduardo Laczi, former city legal officer Mario C. Caoyonan, Julianito M. Ortigas, and Alexander Trinidad, the owner and operator of Ace Builders and Enterprises (ABE) which undertook the housing project way back in 2001.
The charges against Malabor and Laczi were dismissed following their deaths while the arraignment of Caoyanan was suspended “on account his medical, mental, and physical incapacity, until such time that he is capable of being arraigned,” according to the decision.
The case against Ortigas was dismissed after his Demurrer to Evidence was granted in November 2020.
A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence. It is a remedy available to the defendant, to the effect that the evidence produced by the plaintiff is insufficient in point of law, whether true or not, to make out a case or sustain an issue.
Alexander Trinidad was absolved of the charges on the ground of violation of his right to the speedy disposition of his case per Resolution promulgated on February 26, 2019.
According to the information filed by the Ombudsman as prosecutor, the accused allegedly connived to give unwarranted benefits and advantage to Trinidad by awarding the housing project contract to ABE on April 19, 2001.
Jacela, Bagtasus, and Moralidad were members of the Pre-qualification, Bids, and Awards Committee (PBAC) which evaluated the bid and awarded the housing project contract of ABE.
Asuncion was a member of the Technical Working Group (TWG) of the PBAC which examined and recommended the materials to be used in the project.
Based on the decision, the prosecution failed to prove beyond reasonable doubt that Jacela, Asuncion, Bagtasus, and Moralidad were guilty of the charges.
The anti-graft court noted that the housing project violated Presidential Decree 1594, which requires competitive public bidding for government projects, as ABE was not qualified to join the bidding but it still managed to bag the contract.
“In this case, while it appears that there was a bidding conducted prior to the awarding of the contract to ABE, the Court cannot regard the same as ‘competitive’ within the contemplation of the law, precisely because ABE, despite being unqualified, was allowed to bid and, surprisingly, was even awarded the subject contract,” it said.
The Sandiganbayan also found out that substandard materials were used in the project but it cannot decide on the matter since it was not cited in the information or accusations.
“The evidence presented by the prosecution fell short of establishing that all four accused Ortigas, Asuncion, Bagtasus, and Moralidad acted with manifest partiality, evident bad faith, and gross inexcusable negligence.”
According to lawyer Eduardo Reyes III, counsel for Asuncion, there was no documentary proof or witness who could prove that his client connived with the other accused to favor ABE.
Also, Asuncion was only a TWG member and had no role in the awarding of the contract.
“There was no paper or even a witness who could prove that Mr. Asuncion met with the other accused and hatched a plan to award the contract to ACE Builders. As a member of the TWG, his function was purely recommendatory, and he has no say nor voting power in the awarding of the contract,” Reyes said.
The Sandiganbayan sided with Asuncion’s defense saying that while the latter “was indeed a member of the TWG, there is nothing in the records that would show that he participated in awarding the contract to ABE despite its lack of qualifications.”
“The sole circumstance established as to said accused was his membership in the TWG, which is undoubtedly insufficient to convict him. Thus, the Court cannot likewise conclude with moral certainty that accused Asuncion participated in the alleged conspiracy,” the decision read.
As to accused Bagtasus and Moralidad, the anti-graft court also found that their guilt was not established beyond reasonable doubt.
“As earlier mentioned, said accused (Bagtasus and Moralidad) were PBAC members who had no voting rights under P.D. No. 1594, being mere NGO (non-governmental organization) representatives. Their respective participations in the alleged conspiracy were likewise not established.”
The Sandiganbayan also found that there was not enough proof to buttress the accusation that Jacela connived with the other accused to favor ABE.
As to the findings of the court that ABE was not qualified to join the bidding and that substandard materials were used in the project, Atty. Reyes said the Ombudsman can still re-investigate the case on those two points.
The decision was penned by Sandiganbayan Associate Justice Alex Quiroz while Associate Justices Lorifel Pahimna and Bayani Jacinto concurred.
