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Sandiganbayan clears ex-AFP chief Diomedio Villanueva over P53-M refund
The Sandiganbayan acquitted on Friday former Armed Forces chief and former Philippine Postal Corporation (PPC) Postmaster General Diomedio Villanueva from his graft case over the alleged anomalous P53-million refund to a New York-based corporation.
Villanueva was cleared for one count of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act during the proceedings at the First Division. His P30,000-bail bond and hold departure order were also lifted.
In its 13-page decision, the Sandiganbayan said the prosecution failed to prove Villanueva's guilt beyond reasonable doubt on his supposed gross negligence on the P53-million refund made by PPC to Philpost USA as representation of Terminal Dues paid for mail matters sent to the Royal Mail in the United Kingdowm.
The Sandiganbayan said Villanueva had good faith in approving the refund since he banked on the recommendation of his co-accused, former Assistant Postmaster General and General Manager for Finance Antonio Siapno, who remains at-large.
"Accused Villanueva, upon receipt of the request for refund from PhilPost USA, referred the matter to accused Siapno. Accused Villanueva did so believing that Siapno knew better than him as he was also the dutiful officer in charge of the corporation's financial concerns," the Sandiganbayan said.
"Accused Villanueva's course of action shows that he was guided by good faith in performing his duties as Postmaster General, designating and seeking the opinion of his subordinates on matters which he is not particularly an expert of," it added.
The Sandiganbayan thus said Villanueva's reliance on the recommendation of Siapno is not considered as gross inexcusable negligence. It noted the former military official even demanded the return of the amount after the findings of the Commission on Audit on the transaction in 2004.
Division chairperson Associate Justice Efren dela Cruz penned the decision, with the concurrence of Associate Justices Geraldine Faith Econg and Edgardo Caldona.
Villanueva's lawyer, Reynaldo Robles, said he knew his client would be acquitted of the charge because he merely followed the recommendation of his subordinate.
"From the onset, the state failed to prove the allegation of gross inexcusable negligence on his part. There was a proper study before the recommendation was made, so there is really no gross inexcusable negligence from the start before they really took the time to study the matter," Robles told reporters after the promulgation.
