THE Sandiganbayan Fourth Division has acquitted former Capiz provincial governor Esteban Evan Contreras, former provincial administrator Edwin Monares, and Roxas Memorial Provincial Hospital (RMPH) chief Edmarie Tormon of a criminal charge, citing weak prosecution evidence.
In a 33-page resolution dated August 4, 2025, the anti-graft court granted separate demurrers to evidence filed by the defendants, citing the failure of prosecutors to sufficiently establish the elements of the alleged violation of the Government Procurement Reform Act (RA 9184).
Based on the information filed by the Office of the Ombudsman in 2024, the three were accused of splitting the contracts for the procurement of medical supplies and equipment between February and April 2021.
Prosecutors said the purchase of P5.73 million worth of dialysis package B was split into six smaller contracts of less than P1 million each and the P1.5 million purchase of dialyzer with surface area was split into two smaller contracts of less than P1 million to pass them off as Small Value Procurements (SVP).
The court found the allegation unsubstantiated, noting that the Commission on Audit (COA) made no mention of the splitting of the contract in its audit report on the province.
“After a careful review, the Court finds that the third element to constitute the act of splitting of contract is not sufficiently established. There is nothing in the Annual Audit Report of the COA that showed findings on the supposed splitting of contracts,” it pointed out.
It also noted that small value procurement is allowed by the rules as an alternative method, provided that conditions are complied with.
“The rules sanction the use of SVP as a mode of procurement. Mere showing of divided transactions for similar supplies is not enough to convict the accused of the offense,” the court added.
Moreover, proof of the alleged conspiracy among the three defendants was also absent, except for a procurement document showing that they affixed their signatures.
“The alleged community of criminal design cannot be inferred from the transaction documents. Hence, the Court finds no credible proof that links or gives unifying purpose to the accused’s individual acts,” the Sandiganbayan said.
The grant of the defendant’s demurrer to evidence has the effect of an outright acquittal, hence, it is non-appealable without violating the rule against double jeopardy.
