By Atty. Oscar C. Tagamolila
On June 7, 2021, the Sandiganbayan, acquitted Arch. Nilo G. Moralidad and Engr. Ely P. Bagtasus of the charges for Violation of Sec. 3 (e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019) on account of the failure of the prosecution to prove their guilt beyond reasonable doubt. The Sandiganbayan found that there was no testimonial evidence against Arch. Moralidad and Engr. Bagtasus and that Pre-Qualification Bids and Awards Committee (PBAC) Resolution No. 1, Series of 2001 (Exhibit “OOO-37”), which was the only piece of documentary evidence against them was inadmissible in evidence. The Sandiganbayan also found that the prosecution failed to establish conspiracy, which like guilt, required proof beyond reasonable doubt.
This case (SB-12-CRM-0272, Sandiganbayan, Fourth Division), more popularly known as the “Housing Scam of 2001”, involved the proposed construction of housing units at Pavia, Iloilo for employees of the City Government of Iloilo City. Arch. Moralidad and Engr. Bagtasus were private sector representatives for the United Architects Association of the Philippines (UAAP), Iloilo Chapter, and the Philippine Society of Mechanical Engineers, respectively, in the PBAC which recommended approval of the said project.
Firmly and sincerely believing in their innocence, Arch. Moralidad and Engr. Bagtasus both pleaded not guilty when they were arraigned on March 4, 2013. Trial commenced in July 2013 and was terminated in January 2020, with the Prosecution presenting 9 witnesses, including former Congressman Raul Gonzales, Jr., and about 500 pieces of documentary evidence to prove the charges. Consistent in their belief that they did not commit any crime, Arch. Moralidad and Engr. Bagtasus refused to present evidence even after the Sandiganbayan denied their Demurer to Evidence (Motion to Dismiss) and directed them to present their evidence.
Also acquitted for failure of the prosecution to establish their guilt by proof beyond reasonable doubt were Reynaldo Asuncion and former SP Member Jose Junio G. Jacela were also. Unfortunately, former SP Member Jacela passed away a few days before he was acquitted. The Sandiganbayan found that accused Asuncion was not even a member of the PBAC which recommended approval the project. The case against former Mayor Manueto A. Malabor and former SP Member Eddie G. Laczi were dismissed earlier since they too passed away. The case against Julianito M. Ortigas was dismissed on a Demurer to Evidence for failure to establish conspiracy and insufficiency of evidence. The case against Alexander Trinidad, owner of Ace Builders and Enterprises and contractor for the project, was dismissed for violation of his right to a speedy trial.
It is unfortunate that in this country the wheels of justice grind ever so slowly. But, truly, the Lord vindicates the righteous (Psalm 35:24; Psalm 135:14).
