Wednesday, October 1, 2025

Mexico, Pampanga ex-mayor Tumang beats 71 criminal charges

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The Sandiganbayan has acquitted former Mexico, Pampanga Mayor Teddy Tumang and seven co-defendants of 64 counts of violating the Anti-Graft and Corrupt Practices Act (RA 3019) and seven charges of malversation of public funds.

The anti-graft court’s Second Division granted the defendants’ demurrer to evidence in which they challenged the sufficiency of documents and testimony presented by the prosecution to establish the key elements of criminal offenses leveled against them.

The 32-page per curiam decision was promulgated September 2, 2025 and signed by Presiding Justice Geraldine Faith Econg and Associate Justices Edgardo Caldona and Arthur Malabaguio.

“(T)he prosecution has failed to discharge its burden to present sufficient evidence to support a verdict of guilt against all accused. Wherefore, premises considered, the Demurrer to evidence filed by the accused … is hereby granted,” the Sandiganbayan said.

Because a ruling on a demurrer to evidence delves into the merits of the prosecution’s case, its grant has the weight and effect of an outright acquittal.

The court likewise ordered the return of bail bonds posted by all the defendants as well as the lifting of hold departure orders previously issued against them.

Acquitted together with Tumang were municipal accountant Perlita Lagman, Bids and Awards Committee (BAC) chairperson Marlon Maniacup, BAC vice chair Jesus Punzalan. members Romeo Razon, Lucila Agento, Luz Bondoc, and private defendant Wiliam Colis, owner of private contractor Buyu Trading and Construction.

Based on criminal information filed by the Office of the Ombudsman in 2023, the local government executives were accused of favoring Buyu Trading and Construction by choosing it as the supplier of construction materials for road projects in Mexico in 2009 through alternative procurement without conducting a public bidding.

However, after the prosecution completed its presentation of evidence, the Sandiganbayan said it was not convinced that the actions of the mayor and other municipal officials amounted to manifest partiality, evident bad faith, and/or gross inexcusable negligence.

“At most, the prosecution evidence points to violations of the procurement laws, which do not equate with violation of Section 3 (e) of RA No. 3019,” the court pointed out.

It added that the resolution of the BAC explained why the alternative mode of procurement of shopping was resorted to: that the purchase of construction materials was urgently needed to prevent further deterioration of services.

The local officials pointed out that in 2009, many of the barangays in Mexico had unpaved roads that were prone to flooding during heavy rains, thus creating emergencies that required immediate action.

Given the limited budget of the municipal government, the LGU executives said they opted to speed up road repairs to facilitate the delivery of relief goods and emergency response.

In granting the demurrer to evidence, the court noted that even prosecution witness Engr. Marlon Macabali, municipal planning and development coordinator, testified that during his inspection of recipient barangays, he found that base course materials for road repairs were delivered.

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