THE Sandiganbayan has reversed the November 29, 2022 decision of the Tacloban City Regional Trial Court branch 9 that convicted an engineer of the Department of Public Works and Highways (DPWH) and a private contractor on charges of violation of the Anti-Graft and Corrupt Practices Act and falsification of public documents.
In a 50-page ruling dated October 14, 2024, the Third Division granted the appeals of DPWH-Tacloban City Sub-District Engineering Office project engineer Christine Buena and private defendant Manuel Ilagan, managing officer of the I and E Constructions.
The ruling, penned by Presiding Justice Amparo M. Cabotaje-Tang, set aside the sentence of six to seven years imprisonment for graft and six months to six years for falsification imposed by the local court against both defendants and the fine amounting to P2.02 million.
Associate Justices Bernelito R. Fernandez and Ronald B. Moreno concurred.
Based on separate information filed before the Tacloban RTC, Buena and several other DPWH-Tacloban City officials were accused of connivance with Ilagan in connection with the release of P4.35 million full payment to the contractor in December 2003 for a road maintenance and pavement rehabilitation project on Rizal Avenue and Rizal Avenue Extension, Tacloban City.
Prosecutors said at the time of payment, the infrastructure project was only 48.33 percent accomplished contrary to the finding that it was 100 percent completed.
In granting the defendants’ appeals, the Sandiganbayan held that the totality of the evidence presented “failed to prove the appellants’ guilt with moral certainty.”
The anti-graft court noted that in the falsification charge, the government failed to present the original copies of the alleged falsified documents as only photocopies were presented during the trial.
It said among the documents that the photocopies that should not have been given probative value were the Statement of Work Accomplished dated December 31, 2003 and the Disbursement Voucher dated December 30, 2003.
Since the graft conviction was based on the same documents, the Sandiganbayan said their conviction for the said criminal offense was also defective.
“Since the evidence presented by the prosecution miserably failed to establish the appellants’ falsification of the subject documents, it necessarily follows that their conviction for the crime of the Violation of Section 3 (e) of R.A. No. 3019, which is primarily anchored on the said alleged act, should likewise be overturned,” the Sandiganbayan said.
