GRAFT and malversation charges filed in 2018 against provincial officials of Agusan del Sur regarding alleged misuse of public funds have been thrown out by the Sandiganbayan for insufficiency of evidence.
In a 21-page resolution, the anti-graft court’s Fourth Division granted separate demurrers to evidence filed by the defendants — former OIC provincial administrator Jesusimo Ronquillo, assistant provincial administrator and acting budget officer Cristobal Cellan Jr., agricultural office department head Maximo Gegato Jr., accounting office assistant department head Niceto Ranario, provincial treasurer Celsa Sanchez, security agent Andre Bustamante, supply officer Arnold Calang, storekeeper Sofronio Raro, and Bids and Awards Committee chairman Roberto Natividad, vice chairman Domingo Castro Jr., and BAC members Villa Udad, Emmanuel Quiban, and Pamela Yucosing.
Former Gov. Adolph Edward G. Plaza, who was originally named co-accused in the case, has been acquitted on the same ground of lack of evidence.
The defendants were accused of favoring private supplier Feshan Philippines Inc. by awarding it the supply contract for the delivery of fertilizer to the province without public bidding.
Prosecutors claimed the transaction also violated RA 9184 or the Government Procurement Reform Act because the conditions for resorting to direct contracting was not complied with.
Private defendant Lucio Lapidez, a representative of fertilizer supplier Feshan Philippines Inc., is now the subject of a warrant of arrest for failing to appear in court.
The defense argued that, taken all together, the evidence offered by the prosecution was insufficient to establish all elements of the criminal offense charged.
It likewise challenged the admissibility of most of the documentary exhibits presented against the defendants for being mere photocopies in violation of the Best Evidence Rule.
With regard to testimonies by prosecution witnesses, the accused moved that these be expunged from the records for being hearsay after the witnesses themselves admitted lack of personal knowledge of the transactions involved.
In dismissing the cases, the court noted that even some of the evidence identified by prosecution witnesses had no relevance to the case since they pertained to procurement of fertilizers in Butuan City, rather than the Agusan del Sur province.
“It appears that even the seemingly competent evidence of the prosecution cannot stand scrutiny in the grounds of relevancy as well as probative value — glaringly insufficient to prove the culpability of the accused,” the Sandiganbayan said.
