Sandiganbayan dismisses graft case of Bacolod mayor Leonardia, 8 others

The Sandiganbayan has dismissed the graft case of Bacolod City Mayor Evelio "Bing" Leonardia over the alleged anomalous procurement of P49 million worth of furniture and fixtures due to inordinate delay.

In a three-page resolution promulgated on January 26, the Fourth Division ruled in favor of Leonardia's motion to dismiss after Ombudsman investigators took more than eight years from the time the complaint was received by the local chief executive until the approval of the case's joint resolution.

The Sandiganbayan also dismissed the charges against his co-accused—former secretary to the mayor and bids and awards committee chairwoman Goldwyn Nifras, city budget officer Luzviminda Treyes, department of public services head Nelson Sedillo Sr., city engineer Belly Aguillon, city accountant Eduardo Ravena, assistant department head Aladino Agbones, architect Jaries Ebenizer Encabo, and assistant general services officer Melvin Recabar.

The court ordered the lifting of their respective hold departure orders.

All respondents were charged with one count each for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act.

The Ombudsman said the public officials awarded the fully-paid contract to Comfac Corporation despite the firm's non-compliance with eligibility requirements stated under the law and instruction to bidders in 2008.

The public officials also irregularly converted the contract's bid security of one percent to a higher performance security rate of five percent.

Furthermore, the Ombudsman questioned Leonardia and his co-accused for allowing the payment of P57,600 worth of liquidated damages when it should have been P14.1 million due to Comfac's late deliveries.

Delivery of the furniture and fixtures for the city's new National Government Center were finished about one year and eight months behind the agreed date of delivery.

Citing the Supreme Court decision in Torres vs. Sandiganbayan, the Sandiganbayan said the High Court ruled that a total delay of five years and five months in the conduct of both the fact-finding investigation and preliminary investigation would already constitute inordinate delay.

The Sandiganbayan also refused to believe the arguments of the prosecution that the delay was caused by the extended time given by the Ombudsman for the respondents to file their counter affidavits.

"The court sustains the claim of the accused that the proceeding before the Office of the Ombudsman as to their case, spanning a period of eight years and two months, reckoned from the filing of the email complaint on October 14, 2008 until the approval by the Honorable Ombudsman on December 13, 2016 of the Joint Resolution dated December 2, 2016, violated the constitutional guarantee against inordinate delay," the Sandiganbayan said.

Fourth Division chair Associate Justice Alex Quiroz penned the resolution, with the concurrence of Associate Justices Reynaldo Cruz and Bayani Jacinto. —KG, GMA News