Ex-Caloocan Mayor Echiverri moves to quash graft rap over anomalous drainage project

Former Caloocan City Mayor Enrico "Recom" Echiverri has asked the Sandiganbayan to quash the graft case filed against him in connection with an alleged anomalous drainage project in the city in 2011.

Echiverri attended his scheduled arraignment at the anti-graft court's Third Division on Wednesday, but it was cancelled and reset to June 15 pending the resolution of his motion to quash.

Echiverri, along with former city accountant Edna Centeno and city budget officer Jesusa Garcia, is facing one count of violation of Section 3(e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, before the Third Division.

The graft case stemmed from the awarding of a P1.9-million contract to Golden 3T Construction for the improvement of the Saplungan St. Drainage System in 2011.

In its charge sheet, the Ombudsman said the awarding was made without the prior authorization of the Sangguniang Panlungsod.

But in their 21-page motion, Echiverri and his co-accused said the Sangguniang Panlungsod, in January 2010, enacted an ordinance approving the supplemental budget worth P1.42 billion for various projects in the city, including the drainage system.

After a transparent bidding, they said the project was awarded to Golden 3T Construction, where they entered into the said contract worth P1.9 million.

It was only in February 2012 that the project was questioned by the Commission on Audit (COA), which said the project was not covered with "specific appropriation ordinance."

"It thus posits that this lack of specificity in said ordinance was not in conformity with existing jurisprudence," their motion read.

In July 2012, Echiverri and his co-accused said the Sangguniang Panlungsod enacted a resolution confirming and ratifying all contracts entered into which are covered by Supplemental Budgets from 2005 to 2010.

With all these facts at hand, the respondents said the facts alleged against them do not constitute the crime of graft.

They said for one, the "non-specificity of the language" used in the 2010 ordinance does not necessarily present an evidence that Section 3(e) of RA 3019 was violated.

"[T]his alone cannot be a solid, legal basis to determine that the accused conspired with one another to willfully, unlawfully and criminally cause undue injury to the government or give unwarranted benefits, advantage or privilege to Golden," their motion read.

They also insisted that there is no "causal connection" between the supposed lack of specific prior authorization and causing undue injury to the government.

"Nothing in the resolution of indictment states that the assailed project failed to materialize, was of substandard and inferior quality or that it did not redound to the benefit of the people for whom the aforesaid project was intended," the motion read.

Likewise, there was no causal connection between the supposed lack of specific prior authorization and giving Golden 3T Construction unwarranted benefits, they said.

The project was awarded to Golden 3T Construction in compliance with the Government Procurement Act, they claimed.

"[T]here was also no evidence that would even remotely suggest that accused Echiverri interfered with the proceedings of the BAC (Bids and Awards Committee) or used his influence in order to give unwarranted benefits, advantage or preference to Golden," read their motion.

Documentary evidence also show that the Sangguniang Panlungsod authorized Echiverri to implement the projects, such as the 2010 ordinance.

"As the facts charged do not constitute the offense of violation of Section 3(e) of RA 3019, accused-movants' Motion to Quash on this ground must be sustained," their motion read.

Aside from this, Echiverri is also facing graft charges before other divisions at the Sandiganbayan pertaining to the alleged anomalous drainage and construction projects in the city from 2011 to 2013.

Echiverri had posted bail in all his charges. —KBK, GMA News