THE Sandiganbayan has dismissed criminal charges filed in 2017 against a former municipal official of Sta. Barbara, Iloilo, over alleged irregularities in the bidding process of public works contracts.
In a resolution dated July 10, 2025, the anti-graft court’s Seventh Division granted the Joint Motion to Dismiss filed by accused Sanny Apuang and government prosecutors with an admission from the latter that they no longer have additional evidence to present after the acquittal of the other defendants.
Apuang, a member of the municipality’s Bids and Awards Committee, was indicted for violations of the Anti-Graft and Corrupt Practices Act (RA 3019) and Government Procurement Reform Act (RA 9184) together with former Sta. Barbara mayor Isabelo Maquino, other members of the BAC, and private defendants Raymund Tabuga of Topmost Development and Marketing Corp (TMDC) and Felix Gurrea of F. Gurrea Construction Inc. (FGCI).
The local government officials were accused of giving preference to TMDC and FGCI to allow them to win the contracts for the concreting of the Libertad and Arroyo streets, concreting of Sodusta Street, and construction of a Fish Section Building which went to TDMC; and the asphalt overlaying of Castilla Street and asphalting of the section of Arroyo Street in front of the public market which were won by FGCI.
Graft investigators said the two contractors joined a public bidding for municipal projects, only for one of them to withdraw later on to allow the other to win.
But in a 79-page decision dated November 15, 2024, the Sandiganbayan held that the prosecution misunderstood the documents on which it anchored the charges.
It said there was no “withdrawal” at all since neither contractor joined the bidding against the other.
The TMDC notified the BAC through a letter that it was “refraining from submitting our bid,” while FGCI wrote to the committee that it chose to “forego our opportunity to bid.”
The court said the wording of both letters clearly showed they did not join in the bidding, hence the allegation that they withdrew later on was erroneous.
But while his co-accused were all acquitted last year, the case against Apuang was archived because he remained at large until December 13, 2024, when he showed up in court to post bail and undergo arraignment.
Government prosecutors, however, said that with the acquittal of all co-accused of Apuang, they no longer have any intention of pursuing the cases.
“The prosecution concedes that it has no additional witnesses to present or evidence to proffer against him (Apuang), and acknowledges its position in view of this Court’s judgment of acquittal against Apuang’s co-accused. The prosecution adds that the recommendation for the withdrawal of the Informations has been approved by the Ombudsman,” the Sandiganbayan noted.
It pointed out that without additional evidence against Apuang to bolster the ones that were considered in acquitting his co-defendants, proceeding to trial “will necessarily lead to the same conclusion.”
