THE Sandiganbayan overturned the conviction of a former project engineer of the Department of Public Works and Highways (DPWH) and a private contractor last year for falsification of public documents and violation of the Anti-Graft and Corrupt Practices Act (RA 3019).
In a 15-page resolution dated March 11, 2025, the anti-graft court’s Second Division reversed the January 23, 2024 decision of the Tacloban City Regional Trial Court Branch 44 that found DPWH Tacloban City Sub-District Engineering Office (TCSDEO) project engineer Christine Buena and private defendant Evangeline Lapus guilty of misrepresenting the work accomplishment on the improvement and rehabilitation project on the Caibaan Road in Tacloban City, Leyte in April 2004.
The Sandiganbayan held that its review of the case records showed that the prosecution failed to prove the allegations against the two accused beyond reasonable doubt hence, they deserve to be acquitted.
The court set aside the prison sentences imposed against Buena and Lapus for three to eight years and the P5,000 fine in the falsification charge and six to seven years in the graft case with civil liability totaling P3.35 million.
“The Court holds that the prosecution failed to prove beyond reasonable doubt the guilt of Buena and Lapus of the criminal offense with which they are charged. For this reason, they are entitled to a judgment of acquittal,” the Sandiganbayan said.
Based on case records, the two were named co-defendants in both charges on allegations that they conspired to misrepresent the report of work accomplishment on the P4.76 million project on Caibaan Road.
Prosecutors said the project was certified 100 percent completed and the full payment was released, but a subsequent inspection showed a completion rate of only 16.04 percent.
The contract called for the installation of cat’s eyes and painting of lane separators on the road project for 3.5 kilometers.
However, an inspection conducted in June and July 2009 showed there were only 468 pieces of reflective pavement markers installed out of the required 500. At the same time, the inspector’s report said only 2.232 kilometers of the road bore pavement markings, not its entire length.
The prosecution said that since the contractor received full payment, the government suffered undue injury in the amount of P3.54 million, representing overpayment.
