GMA Brandtalk
Tracking
Archives
Sandiganbayan clears Samar Rep. Mila Tan from ‘overpriced’ medical, dental supplies purchase case
The Sandiganbayan acquitted Samar 2nd District Representative Milagrosa Tan on Friday from her case over the alleged purchase of overpriced medical and dental supplies worth P69 million in 2007.
The anti-graft court's First Division cleared Tan, Roselyn Larce, Bienvenido Sabenecio Jr., Francasio Detosil, Ariel Yboa, Rolando Montejo, and George Abrina from graft and malversation of public funds due to the failure of the prosecution to prove their guilt.
The Sandiganbayan ordered the release of their respective bail bonds and directed the Bureau of Immigration to remove them from the hold departure list.
Tan allegedly took advantage of her position as provincial governor when she purchased various drugs, medicines, and dental supplies from Zybermed Medi Pharma owned by private respondent Roselyn Larce between March 28 and August 21, 2007.
Zybermed, a Pasig City-based business, was not licensed to operate a business in Catbalogan City, according to the prosecution.
A report from the Commission on Audit also ruled that the purchase from Zybermed was "unnecessary and non-responsive to the exigencies of the service."
However, the 67-page decision said there was no proof the contract with Zybermed had Samar province at a disadvantage. It said the prosecution failed to compare the prices between Zybermed and other potential suppliers.
"There is no evidence that the drugs and medicines purchased were overvalued nor was there any showing of the accepted, appropriate or standard prices for the items. The court cannot merely speculate," the Sandiganbayan said.
It noted the purchased supplies were also successfully delivered and distributed to the constituents of Tan, who followed the regular bidding process for the procurement.
The prosecution also had no other evidence against Tan and her co-accused aside from the finds of COA and its notice of disallowance on the transaction, according to the Sandiganbayan.
The Sandiganbayan recognized the importance of COA audit reports, but said this is insufficient to find an accused guilty of a crime.
"Just because the purchases are considered by the COA to be unnecessary does not necessarily mean that it is openly and shockingly disadvantageous to the government," the Sandiganbayan said.
"They (prosecution) miserably failed to connect the 'unnecessary' procurement to a procurement tainted with manifest partiality, evident bad faith or gross inexcusable neglect as they did not introduce any evidence to show the ill will, bad faith or dishonest intent of the accused public officials," it added.
Associate Justice Geraldine Faith Econg penned the decision, with the concurrence of Associate Justices Efren dela Cruz and Edgardo Caldona.
