THE Sandiganbayan has found sufficient evidence to support the indictment of former PNP chief Avelino Razon Jr. for two counts each of malversation and graft over alleged anomalous procurement contracts in 2007 and 2008.
In a 272-page resolution promulgated last June 21, the Sandiganbayan Fourth Division denied Razon’s demurrer to evidence filed on February 6, 2023 wherein he challenged the sufficiency of the government’s evidence to prove the allegations in the criminal information.
Also denied were similar pleadings from defendants Police Colonels Emmanuel Ojeda, Victor Agarcio, and Reuel Leverne Labrado; Police Lt. Colonels Rainier Espina, Warlito Tubon, Henry Duque, and Edgar Paatan; Police Major Analee Forro; PNP Accounting Division chief Antonio Retrato; non-uniformed personnel Eulito Fuentes, Patricia Enaje, Maria Teresa Narcise and Alex Barrameda; and traders/suppliers Harold Ong, Tyrone Ong, Pamela Pensotes, and Evangeline Bais.
However, the court granted demurrers to evidence filed by Police Maj. Generals Geary Barias and Eliseo Dela Paz, Police Brig. General Orlando Pestaño, and Police Col. Dennis Canoy.
According to the charges filed in 2013, the defendants conspired with businessmen representing Evans Spare Parts Motorworks Repair and Trading, Enviro-Aire Inc., and RJP International Trading Construction and General Services to defraud the PNP through ghost procurement and repair works on V-150 police armored cars in 2007 and 2008.
Prosecutors said the first transaction was worth P239.615 million while the second one was for P134.388 million.
State auditor Chona P. Labrague, special audit team leader, testified for the prosecution that none of the three suppliers were eligible to handle the transaction as none of them can present proof that they were authorized by the Textron Marine and Land Systems, manufacturer of the V-150 armored carriers, to be its distributors of parts and accessories.
At the time of the award of the contracts, neither Evans nor RJP International had a valid business permit.
Labrague also disclosed that there was no evidence of the actual delivery of 10 engines and 10 transmission assemblies for the V-150s, leading the audit team to conclude that the supposed receipt and acceptance of parts were “ghost deliveries.”
Razon argued that he had no direct participation in the bidding or negotiation in relation to either transaction. He said he merely signed documents after they were processed and underwent evaluation by subordinates.
However, the court said as the head of the procuring entity, he was expected to stop the procurement based on numerous red flags of irregularities.
“… he should have already noticed the stark anomalies attendant in both the procurement and disbursement processes yet appeared to have made no attempt to make further inquiries. In approving the disbursements made to the three proponents under these circumstances, his attitude bespeaks of bad faith and manifest partiality,” the Sandiganbayan declared.
