THE Sandiganbayan has held that former Philippine Normal University (PNU) president Ester Ogena acted with gross inexcusable negligence when she approved an ad placement contract for P1.1 million in 2011 that did not undergo public bidding but acquitted her of a graft charge in the absence of proof that the government suffered undue injury.
While the former state university official may be subject to administrative cases, the anti-graft court’s Fifth Division said there was not enough evidence to convict her for violation of the Anti-graft and Corrupt Practices Act.
“In sum, while PNU president Ogena was grossly and inexcusably negligent, her acts cannot be said to have caused undue injury to the government or to have given unwarranted benefits, advantage, or preference to Universal News within the context of the anti-graft law,” the Sandiganbayan said.
The 53-page decision promulgated on July 12, 2024 was penned by Associate Justice Maryann E. Corpus-Mañalac. Associate Justices Rafael R. Lagos and Maria Theresa V. Mendoza-Arcega concurred.
Based on the information filed by the Office of the Ombudsman in 2019, Ogena was charged with graft together PNU vice president for Finance and Administration Rebecca España, Budget Office head Florence Allejos, and Financial Management Service director Joseph Luceño for paying for the ad placement out of the university’s Special Trust Fund without the nod of the Board of Regents.
But in a resolution dated February 17, 2023, the court dismissed the case against all of Ogena’s co-accused saying they merely acted under her directives.
In justifying her actions, Ogena said that among her job as PNU president was to promote the university and showcase its programs to attract potential foreign students.
She said the opportunity to be featured in an international publication like the Foreign Policy Magazine was a “vehicle to reach out to top companies and institutions in the world.”
Prosecutors countered that Ogena only referred the matter to the Bids and Awards Committee after she and Universal News Limited, the owner of the Foreign Policy Magazine, had already agreed on an advertorial.
“As (university) president …with over three decades of experience in public service, Ogena is expected to be familiar with procurement processes,” the court pointed out.
However, it noted that undue injury or giving unwarranted advantage to a supplier or service provider — a key element in a graft case — was not established by convincing evidence.
It added that prosecutors did not make any allegation that the contract was overpriced or presented any evidence showing Ogena profited from the transaction.
“The foregoing cast doubt that Ogena acted with the corrupt motive or a deliberate intent to do a wrong or cause damage. There is also no evidence that Ogena profited from the transaction,” the Sandiganbayan said.
