Echiverri, 2 others acquitted of graft raps over P1.6 million drainage improvement deal

The Sandiganbayan has acquitted former Caloocan City Mayor Enrico “Recom” Echiverri and two other former Caloocan City Hall officials over falsification of public documents and graft charges involving the grant of P1.6 million worth of drainage improvement project to a contractor due to insufficient evidence.

In a 40-page decision, the Sandiganbayan’s Sixth Division said the prosecution failed to prove beyond reasonable doubt that the P1.6 million contract granted by Echiverri and then Caloocan City Hall accountant Edna Centeno and budget officer  Jesusa Garcia to Red Scorpion Construction and Supply (RSCS) gave RSCS caused damages to the government.

“This Court finds no manifest partiality, evident bad faith or gross inexcusable negligence on the part of accused Echiverri when he awarded the subject contract to, and entered into a contract with RSCS. Even assuming that there was no prior authorization from the Sanggunian, accused Echiverri's act of awarding the subject contract to RSCS was not unjustified, or done without adequate reason,” the court said.

“Manifest partiality, evident bad faith or gross inexcusable negligence are negated by the fact that accused Echiverri awarded the subject contract to RSCS only after the conduct of a public bidding, and after the Bids and Awards Committee recommended that said contract be awarded to RSCS, the lowest bidder,” the anti-graft court added.

Likewise, the anti-graft court argued that while Local Government Code requires prior authorization from the Sanggunian before the local chief executive may enter into a contract in behalf of the local government unit, such approval from Sanggunian may not be necessary anymore since Ordinance No. 0468 s. 2010,  which provided budget for the project, is sufficiently specific as provided for under previous Supreme Court rulings.

In addition, Sandiganbayan said that the drainage improvement project was 60.50 percent complete as of February 27, 2013 and as such, there was no proof that the partial payment worth P860,450.42 was in excess of the value of the work done by RSCS.

“It cannot be said that accused Echiverri and Centeno, in performing their official functions by causing the disbursement of the subject funds to enable the City of Caloocan to perform its contractual obligation, acted with manifest partiality, evident bad faith, or gross inexcusable negligence,” the court said.

“Wherefore, the Demurrers to Evidence of accused Enrico R. Echiverri, Edna V. Centeno and Jesusa C. Garcia, are hereby granted. SB-17-CRM-2138 and 2139 are hereby dismissed for insufficiency of evidence,” the court added.

The Hold Departure Order against the three were also set aside and their bonds released, subject to the usual accounting and auditing procedure. —LDF, GMA News