Ex-Caloocan mayor Echiverri cleared in P1.78-M pathwalk, drainage case

The Sandiganbayan has acquitted former Caloocan City Mayor Enrico "Recom" Echiverri of the charge of graft in connection with a pathwalk and drainage project he pushed in 2011 without the approval of the city council.

Echiverri was indicted on 57 counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act at the Sandiganbayan, but he has now secured acquittals in four of these cases since April.

In this case, the anti-graft court's First Division said the prosecution failed to prove beyond reasonable doubt that Echiverri acted in bad faith in implementing the improvement of the pathwalk and drainage system of Bagong Silang, Barangay 176.

"This court remains convinced that there is no evidence to even hint that accused Mayor Echiverri was motivated by evident bad faith in entering into contract for the improvement of the pathwalk and drainage system," a part of the 38-page December 14 decision read.

The P1.78-million improvements in Bagong Silang came from a loan Echiverri received from the Land Bank of the Philippines worth P979 million for the implementation of several infrastructure projects in Caloocan City.

Echiverri filed a demurrer to evidence seeking the outright dismissal of his case on the ground of weak evidence. He argued there was no unwarranted benefit extended to EV and E Construction (EVEC).

The Sandiganbayan agreed. It banked on the findings of the Commission on Audit en banc on June 25, 2017 that Echiverri indeed had an authority from the city council, which also passed a supplemental budget to finance the development projects.

The resolution of COA en banc effectively reverses the notice of disallowance issued by the COA National Capital Region-Local Government Cluster in 2013 that became the basis for the Office of the Ombudsman to indict Echiverri.

The prosecution had said the COA finding was administrative in nature, but the Sandiganbayan said this "may very well be considered, or at least noted, in the present cases which involve the very same issue."

Futhermore, the Sandiganbayan cited the Supreme Court decision affirming the approval of Echiverri's demurrer. 

The SC had said the former mayor was authorized by an ordinance to enact a supplemental budget to enter into city development projects, including the questioned road and drainage improvement bid.

The Sandiganbayan said the high court ruling "has a considerable effect in the disposition of the instant cases, if not conclusive judicial fiat, and leans favorably to benefit the herein accused."

The Sandiganbayan said EVEC completed the project absent any violation of procurement laws as further admitted by COA and the prosecution.

"The accused cannot likewise be ascribed with manifest partiality nor gross inexcusable negligence in awarding the subject contract to EVEC as there was no dispute that the appropriation procedure for bidding has been strictly followed," the anti-graft court said.

"The project itself was admittedly completed and properly accepted by the local government and has since been serving the purpose for which it has been implemented," it added.

Then-city accountant Edna Centeno and city budget officer Jesusa Garcia were also cleared of graft and falsification of public document.

Associate Justice Edgardo Caldona penned the decision, with the concurrence of Associate Justices Efren dela Cruz and Geraldine Faith Econg. — BM, GMA News