Prosecutors appeal graft acquittal of South Cotabato Rep. Acharon

Ombudsman prosecutors have asked the Sandiganbayan to reconsider its decision acquitting South Cotabato Rep. Pedro Acharon Jr. and two others of their graft over the alleged unlawful issuance of travel order to two city councilors while he was mayor of General Santos City in 2006.

In a six-page motion, the prosecutors sought the court's reconsideration of its decision, saying that it "grossly misappreciated and misinterpreted the evidence on record resulting in a grave miscarriage of justice."

The Sandiganbayan Seventh Division, in a March 28 decision, cleared Acharon and General Santos City Sangguniang Panlungsod (SP) member Jose Orlando Acharon and former member Minda Atendido of their charge of violating Section 3(e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act.

Rep. Acharon was accused of giving "undue advantage, benefit or preference" to SP members Acharon and Atendido by issuing them a travel order for their trip to Los Angeles, California, to attend Pagana Dinner Show and Tambayayong Festival in June 2006.

This, even though then-Department of Interior and Local Government Secretary Ronaldo Puno had disapproved their request to travel abroad.

In acquitting them, the court said the case lacked proof on the existence of the third element of Section 3(e) of RA 3019, which is causing undue injury to the government, or giving any private party unwarranted benefits, advantage or preference.

"SP Members Acharon and Atendido cannot be deemed as 'private parties' who were given unwarranted benefits, advantage or preference," the court said.

The court also said the prosecution failed to show proof that former councilors Acharon and Atendido indeed charged their travel expenses to the P2.5 million appropriated for the holding of the festival.

"In this case, it was clear from the express tenor of the travel order that SP Members Acharon and Atendido were granted the foreign travel on the basis of their position as members of the Sangguniang Panlungsod who could have charged their transportation expense and other incidental expenses against the foreign account of the Office of the City Mayor," the decision read.

But the prosecutors, in their motion, asked the court to review the circumstances showing that even though they were public officers, Acharon and Atendido were indeed to be considered "private parties."

Moreover, the prosecutors argued that the intention for them to travel in their capacity as "city councilors" may only be "the perceived intention" in order for them to be issued a travel order in their favor.

"Such intention, however, cannot overcome the established fact that accused were not granted travel authority by the DILG so there is no basis to consider accused as travelling in their official capacity," the prosecutors said.

The prosecutors also insisted that Rep. Acharon, as mayor, had no power to grant the SP members official travel despite the DILG's denial.

"Under these circumstances, the accused could not have duly proceeded with the travel in their official capacity and should necessarily be aptly considered as 'private parties,'" the prosecutors said.

"As such, accused were given unwarranted benefit, advantage or preference when they allowed to travel to the United States not only without the requisite authority from the DILG but despite the disapproval of the DILG of their request for authority to travel which the court also found to be lacking in the requisite approve leaves of absences," they added. —KBK, GMA News