Sandiganbayan dismisses graft case vs ex-PRC exec

A former commissioner of the Professional Regulation Commission has won the outright dismissal of his graft case at the Sandiganbayan over the alleged anomalous transfer of the PRC offices in Manila.

In a resolution dated May 7, the Seventh Division granted the demurrer to evidence of former commissioner Alfredo Po due to the prosecution's failure to establish all the elements of graft.

The same demurrers of New San Jose Builder's Inc. (NSJBI) executives Cesar Sanqui Jr. and Mary Grace Villacorta were also granted.

The case stemmed from the transfer of PRC's executive offices and professional regulatory boards at the second floor of the Victoria Towers in Manila in 2012 without the conduct of a public bidding.

Po, in a supposed conspiracy with then-PRC chairman Teresita Manzala, allegedly pushed with the lease of office space wherein NSJBI undertook renovations of the space prior to bagging the P12.2-million contract.

However, the Sandiganbayan said the PRC only sent a letter to NSJBI expressing its intent to lease the office spaces at Victoria Towers, not a formal award of contract.

The Sandiganbayan said none of the prosecution witnesses also testified that it was Po who directed his subordinates to give preference to Victoria Towers as the relocation site of PRC offices.

"The mere fact that Victoria Towers was considered, it does not necessarily mean that it was already chosen as the place of relocation of the executive offices. In fact, a reading of the minutes dated March 27, 2012 reveals that accused Po acknowledged that the proposal is still subject to approval," it said.

The decision further stated the contract underwent a negotiated procurement, thus negating the prosecution's claim that NSJBI had undue advantage for the lease, while the PRC also conducted ocular inspections in three other properties.

But the Sandiganbayan said the lease in Victoria Towers later failed to pushed through due to legal problems during the post qualification process, as testified by Sanqui.

"The court believes that the absence of the notice of award and award of contract, and that there is no proof that funds were disbursed in favor of NSJBI, it cannot be said that teh latter was given unwarranted preference or advantage by accused public officer," the Sandiganbayan said.

The Sandiganbayan ordered the release of the bail bonds and the lifting of the hold departure orders against Po, Sanqui, and Villacorta.

The case of Manzala, on the other hand, is still ongoing. — RSJ, GMA News