6 ex-NPO officials acquitted of graft over P3.6-M deal with private printer

The Sandiganbayan has acquitted six former officials of the state-run National Printing Office (NPO) of two counts of graft in connection with subcontracting a P3.6-million printing job to a private firm due to lack of evidence.

In a 31-page decision, the Sandiganbayan Fifth Division noted that the negotiated procurement approved by the six NPO officials led by then-NPO Director Emmanuel Andaya—which granted a P3.63-million printing contract to JI Printers, Inc., for personalized accountable forms ordered by the Cebu provincial government—is not disadvantageous to the government just because it did not undergo public bidding.

The anti-graft court said that the Provincial Planning and Development Coordinator NPO determined that it cannot accommodate the printing request of the Provincial Treasurer of Cebu, and such evaluation was endorsed to the Technical Working Group (TWG) and the Bids and Awards Committee (BAC).

The TWG-BAC then decided that in view of the volume of workload of the NPO and considering the urgency of the request that should be delivered within 10 days from request, the procurement should be done through the NPO's accredited security printers.

“There was insufficient evidence presented showing that the alternative mode of procurement or the negotiated procurement was purposely sought for to give unwarranted advantage or benefit to JI Printers, Inc., neither was it aimed at giving undue injury to the government,” the anti-graft court said.

“This act, by the BAC and accused Andaya, although not in full compliance with the law, is also not proven to be grossly or manifestly disadvantageous to the government, without adequate proof of how the government was unjustly deprived of a fair and reasonable contract.”

Likewise, the Sandiganbayan stressed that there was no evidence presented that the government paid more than the estimate for the printing order, or that the contracted amount was overpriced.

“Although absence of public bidding may mean that the government was not able to secure the lowest possible bargain in its favor and may open the door to graft and corruption, nevertheless, the law requires that the disadvantage must be manifest and gross, which is evidently not present in this case. For failure of the prosecution to measure up with the requirements of the law, the present cases should necessarily fail,” the Sandiganbayan said.

“Wherefore, in light of the foregoing, accused Emmanuel Andaya, Sylvia Banda, Josefina Samson, Antonio Sillona, Bernadette Lagumen and Ma. Garcia Enriquez are hereby acquitted of the crime of graft for failure of the prosecution to prove their guilt beyond reasonable doubt,” the anti-graft court added.

As a result of their acquittal, the bonds posted by the accused for their provisional liberty were ordered released, subject to usual accounting and auditing procedures.

In addition, the hold departure order issued against the accused in November 21, 2012 has also been lifted. — BM, GMA News