THE Sandiganbayan has ordered the dismissal of all criminal charges against five former officials of the Department of Public Works and Highways (DPWH) who were previously indicted on allegations of involvement in the multi-million pesos ghost repair and maintenance work on the agency’s fleet of vehicles.
The anti-graft court’s Second Division issued an order on April 15, 2025 for the prosecution to verify reports that several of the defendants in the case have passed away.
Based on records of other divisions where some of the cases were raffled off, cases against DPWH Motorpool Section chief Maximo Borje Jr. and employees Violeta Amar and Jesus Capuz have already been dismissed because of their deaths.
Following inquiries with the Philippine Statistics Authority, the prosecution submitted its Compliance on May 5, 2025 with the attached Certificates of Death of defendants Borje (2023), Amar (2012), and Capuz (2009) together with Agerico Palaypay (2011) and Administrative and Manpower Management Services director Burt Blas Favorito (2021).
Criminal information filed by the Office of the Ombudsman accused them of conspiring with spare parts suppliers and maintenance shop owners to defraud the government from March to December 2001.
Prosecutors said that by falsifying support documents, the group accumulated around P82.32 million in ill-gotten wealth.
In 2016, the Sandiganbayan Fourth Division convicted Borje and Favorito on three counts each of estafa and violation of the Anti-Graft and Corrupt Practices Act, together with DPWH-Bureau of Equipment assistant director Florendo Arias and Central Equipment and Spare Parts Division chief Erdito Quarto.
They were sentenced to 10 years imprisonment for each count of estafa and six years for each count of graft for a total jail term of 48 years.
However, under Article 89, paragraph 1 of the Revised Penal Code, the death of a defendant extinguishes any criminal liability.
The ruling was signed by Presiding Justice Geraldine Faith A. Econg, with Associate Justices Edgardo Caldona and Arthur Malabaguio concurring.
