THE Sandiganbayan has lifted the hold departure order (HDO) issued four years ago against former Tourism Secretary Joseph “Ace” Durano and five of his co-defendants in light of the reversal by the Supreme Court (SC) of their conviction on a graft case in 2021.
Likewise, the anti-graft court’s Seventh Division ordered the release of their cash bond posted in April 2019 after they were charged by the Office of the Ombudsman with graft on allegations that the P2.7 million procurement of 2009 wall calendars by the Department of Tourism did not undergo the required public bidding.
In the November 26, 2021 decision, the Sandiganbayan sentenced Durano to six to ten years imprisonment with perpetual disqualification from holding any public office, together with former Undersecretary Oscar Palbyab and Bids and Awards Committee members Grace Yoro, Eduardo Jarque Jr., Evelyn Cajigal, and Adriana Flor.
However, in a resolution dated January 22, 2024, the SC granted the defendant’s appeal, reversing and setting aside the Sandiganbayan decision.
The High Court held that the prosecution failed to prove that the accused gave unwarranted benefits or advantage to the supplier or that the price of each calendar was excessive. Lastly, it noted the absence of proof that any of the DOT officials charged benefited from the transaction.
In his May 15, 2024 motion, Durano asked the Sandiganbayan to lift the HDOs as he invoked the SC ruling that granted his appeal but the anti-graft court merely noted the motion as it had yet to receive an official copy of the SC ruling.
On May 27, 2024, the rest of the defendants also filed their own motions asking for the release of bail and lifting of the hold departure order.
“As all the accused in this case have already been acquitted as shown from the certified true copies of the Supreme Court Resolution and Entry of Judgment submitted by accused-movant Durano, the release of their cash bond and the lifting of the Hold Departure Order should now follow as a matter of course,” the Sandiganbayan said.
