Sandiganbayan acquits Tuguegarao City mayor in graft case

The Sandiganbayan has acquitted Tuguegarao City Mayor Jefferson Soriano in his graft case over the alleged irregular issuance of a permit for the operation of a parking and public transport terminal in 2013.

The Office of the Ombudsman had accused Soriano of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act when he issued provisional permit to operate to One Way Parking Terminal, Inc. (OWPTI) without authorization from the city council.

The Sandiganbayan First Division, however, said it saw no criminal intent since the powers vested upon Soriano as city mayor allows the grant of provisional licences until the city council has issued a resolution.

"Inasmuch as herein accused issued the subject provisional permit devoid of any corrupt nor criminal intent, the court is therefore inclined to absolve him from any liability as regards the instant criminal charge," the anti-graft court said in its May 11 decision.

Quoting the Court of Appeals (CA), the Sandiganbayan said Soriano can at the most be only faulted for a "procedural lapse" that could "only be tantamount to a simple misconduct" and not criminal in nature.

The prosecution had said Soriano practically gave OWPTI a provisional franchise when he issued the permit, thereby exceeding his authority provided under the Local Government Code.

Soriano, in his defense, argued that he was forced to issue the provisional permit since the city had a slew of illegal parking and terminals which have affected traffic flow.

The Sandiganbayan said the argument of the prosecution on the Local Government Code is "obviously misplaced, if not misleading" since the permit granted to OWPTI is only good for 120 days and can be revoked sooner if the city council rejects it.

The Sandiganbayan noted the permit to operate of OWPTI was eventually granted in December 2014.

It said Soriano had to allow the operation of the terminal for the local government to receive additional revenue and for the safety of the public.

"The local government, which had not been able to collect the proper fees and taxes for several years that the terminals were operating illegally, can also generate revenues therefrom," the decision penned by Associate Justice Edgardo Caldona said.

"Likewise, it was not disputed that traffic congestion within the city was a huge burden and the illegal operation of the parking terminals therein made matters worse," it added.

The Ombudsman had ordered the dismissal of Soriano in February last year, but the CA ordered his reinstatement in September.

Soriano is facing a separate graft case at the Sandiganbayan in connection with the alleged anomalous purchase of rubber boats worth P132 billion during his stint as chairman of the Philippine National Police Bids and Awards Committee. —KBK, GMA News