Sandigan clears ex-Nueva Ecija mayor from 'anomalous' petroleum products purchase

The Sandiganbayan has acquitted the former mayor of Lupao, Nueva Ecija, due to the prosecution's failure to prove his guilt over the alleged anomalous purchase of petroleum products in 2011.

In a 35-page decision promulgated on April 30, the Sixth Division cleared former Mayor Richard Ramos and his co-accused Shiela Marie Jacalan for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act.

The Sandiganbayan thus ordered the release of their respective bail bonds and the lifting of their hold departure orders.

Ramos allegedly purchased petroleum products from the Jacalan-owned SRS Gas Refilling Station in April 2011 without the conduct of a public bidding or any recommendation from the Bids and Awards Committee.

The Sandiganbayan said the lack of competitive bidding was undisputed by the defense during the trial, saying Ramos clearly violated the government procurement law when he resorted to direct contracting.

The Sandiganbayan further said the transaction was beyond the exemptions in the law which allows local government units to enter direct contracting or a negotiated procurement to suppliers.

However, the decision noted the prosecution presented no proof the local government suffered undue injury to the transaction between Ramos and Jacalan.

"The prosecution failed to specify, quantify and prove to the point of moral certainty the supposed undue injury suffered by the government," the Sandiganbayan said.

"No allegation was made and no evidence was adduced to show that the price of the subject fuel and petroleum products is unfavorable to the government."

The court also said Ramos was under the erroneous impression that he has authority to engage with SRS Gas following the release of a municipal resolution for the products purchase.

"The prosecution failed to allege, much less, prove that accused Ramos was actuated with material gain, malice, perverse motive, ill will or fraud sufficient to meet the requirement of proof beyond reasonable doubt," the Sandiganbayan said.

The anti-graft court said there was also no evidence Ramos conspired with Jacalan for the transaction to push through.

Associate Justice Kevin Narce Vivero penned the decision, with the concurrence of Associate Justices Sarah Jane Fernandez and Karl Miranda. —KBK, GMA News