Sandiganbayan acquits ex-Lucena City mayor of graft

The Sandiganbayan has acquitted former Lucena City, Quezon Mayor Ramon Talaga Jr. of graft in connection with his alleged indebtedness to a family who helped him in his recall election when he granted its bingo gaming franchise in 2000.

In a 16-page decision penned by Associate Justice Bayani Jacinto, the anti-graft court's Fourth Division said state prosecutors were unable to prove that Talaga acted in conspiracy with his co-accused when he passed a city ordinance granting the local gaming franchise to JES Recreation Corporation of Jose Sy Bang Jr.

"In the instant case, the prosecution failed to discharge the burden of proving the accused's guilt beyond reasonable doubt, either of the alleged crime as charged, or of their conspiracy to commit the same," the Sandiganbayan said.

The decision added there was also no evidence proving Talaga's endorsement of Sy Bang's letter-request was done "outside of the usual course of his duties as City Mayor, or that the said endorsement amounted to a deliberate attempt to influence any particular course of action."

The Sandiganbayan further said that even the complainant, Raymundo Nazaro of Elan Recreation Inc., "simply presumed that undue benefit was given to Sy Bang" given the speed it took the city council to enact the ordinance.

The anti-graft court added that no other applicants competed for the franchise of Sy Bang, noting that the former local chief executive even had the word "exclusive" omitted in the ordinance.

"The records show that at the time that the subject ordinance was deliberated upon and passed, there were no other holders or applicants competing with Sy Bang for the same franchise," the decision read.

"To be clear, on the part of accused Talaga, Jr. he even disagreed with the use of the word 'exclusive' in the said Ordinance, which means that anyone could have applied for and be granted such franchise," it added.

Furthermore, the Sandiganbayan argued that it was the Philippine Amusement and Gaming Corporation (PAGCOR) which first granted the bingo franchise.

"The local franchise granted by accused actually conferred no privilege or benefit to Sy Bang since only the PAGCOR could have issued the franchise to operate a bingo outlet. And, incidentally, Sy Bang in fact, obtained one. Thus, it was the PAGCOR franchise that allowed Sy Bang to operate his bingo outlet and not Lucena City Ordinance No. 1963," it said.

Meanwhile, the Sandiganbayan called the attention of the Office of the Ombudsman for not including former councilor Roderick Alcala, who is also among those who voted in favor of the city ordinance, in the charge sheet.

"To a certain extent, this creates a negative impression on the manner by which the preliminary investigation was conducted by the Office of the Ombudsman and puts to doubt the motive behind the filing of this case," it said.

Aside from Talaga, the Sandiganbayan also acquitted then-Councilors Salome Dato, Godofredo Faller,  Wilfredo Asilo, Danilo Zaballero, Aurora Garcia, Simon Aldovino, Victor Paulo, Philip Castillo, and Romano Franco Talaga. —KBK, GMA News