Sandigan affirms graft raps vs 8 Navy officers, trader
The Sandiganbayan First Division has affirmed charges of one count of graft and two counts of falsification of public documents filed against eight ranking officers of the Philippine Navy and a trader over alleged anomalous purchases of medical supplies worth P2.79 million from October 1990 to July 1992.
In its 11-page resolution penned by Associate Justice Alexander Gesmundo, the graft court dismissed a challenged posed by the defendants who questioned the sufficiency of prosecution evidence which was filed by the Office of the Ombudsman.
The defendants had claimed that government lawyers were unable to build a prima facie case against the defendants.
“The prosecution’s evidence at this stage of the proceedings is sufficient for purposes of finding movants guilty of the offense charged absent countervailing evidence from them," the court declared.
Among the defendants are Captains Vicente C. Escala Jr. and Jesus E. Biola; Lt. Commanders Leonardo Q. Gamboa, George G. Segovia and Augusto C. Iglesia; Commanders Aristotle De Guzman and Florante Diaz; Lt. Col. Roger S. Topacio and businessman Victoriano Chua, owner of Porta Vaga Drug.
Escala was charged in all three cases while De Guzman, Biola, Diaz and Gamboa are named in one count each of graft and falsification of public documents.
However, Navy Capt. Antonio E. Sibayan, originally named one of the defendants in the graft case was acquitted by the Court for lack of evidence.
This came after government auditors testifying for the prosecution admitted that his name did not appear in any of the documents relative to the case.
All three charges stemmed from the purchase of medical supplies worth P2.79 million from Porta Vaga in 1992.
Prosecutors had argued that the group simulated a public bidding, making it appear that two other suppliers – Farmacia Fugeda and Farmacia Pulido – submitted bids.
However, this was disputed by Francisco Garcia, owner of Farmacia Fugeda, who said through a written deposition that his firm did not submit any canvass proposal to the Philippine Navy.
He added somebody forged his signature over documents submitted in the bogus bidding.
Escala, de Guzman, Biola, Diaz and Gamboa objected to the admission of Garcia’s deposition on the ground that they were not able to cross-examine him when the document was drawn.
The court however overruled their opposition, noting that they were duly notified but failed to avail of the opportunity to challenge the deposition.
“The above-argument is specious. Movants were given notice of the intended deposition-taking… on March 7, 2006. Premises considered, movant lost their right to cross-examine Garcia whose testimony, at this point in time, appears credible," the court pointed out. -GMANews.TV
In its 11-page resolution penned by Associate Justice Alexander Gesmundo, the graft court dismissed a challenged posed by the defendants who questioned the sufficiency of prosecution evidence which was filed by the Office of the Ombudsman.
The defendants had claimed that government lawyers were unable to build a prima facie case against the defendants.
“The prosecution’s evidence at this stage of the proceedings is sufficient for purposes of finding movants guilty of the offense charged absent countervailing evidence from them," the court declared.
Among the defendants are Captains Vicente C. Escala Jr. and Jesus E. Biola; Lt. Commanders Leonardo Q. Gamboa, George G. Segovia and Augusto C. Iglesia; Commanders Aristotle De Guzman and Florante Diaz; Lt. Col. Roger S. Topacio and businessman Victoriano Chua, owner of Porta Vaga Drug.
Escala was charged in all three cases while De Guzman, Biola, Diaz and Gamboa are named in one count each of graft and falsification of public documents.
However, Navy Capt. Antonio E. Sibayan, originally named one of the defendants in the graft case was acquitted by the Court for lack of evidence.
This came after government auditors testifying for the prosecution admitted that his name did not appear in any of the documents relative to the case.
All three charges stemmed from the purchase of medical supplies worth P2.79 million from Porta Vaga in 1992.
Prosecutors had argued that the group simulated a public bidding, making it appear that two other suppliers – Farmacia Fugeda and Farmacia Pulido – submitted bids.
However, this was disputed by Francisco Garcia, owner of Farmacia Fugeda, who said through a written deposition that his firm did not submit any canvass proposal to the Philippine Navy.
He added somebody forged his signature over documents submitted in the bogus bidding.
Escala, de Guzman, Biola, Diaz and Gamboa objected to the admission of Garcia’s deposition on the ground that they were not able to cross-examine him when the document was drawn.
The court however overruled their opposition, noting that they were duly notified but failed to avail of the opportunity to challenge the deposition.
“The above-argument is specious. Movants were given notice of the intended deposition-taking… on March 7, 2006. Premises considered, movant lost their right to cross-examine Garcia whose testimony, at this point in time, appears credible," the court pointed out. -GMANews.TV
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