Sandiganbayan acquits ex-Zamboanga mayor, others over medicine deal

The Sandiganbayan has acquitted a former mayor of Molave, Zamboanga del Sur over the alleged anomalous procurement of overpriced and expired medicines worth P1.8 million.

In a 36-page decision promulgated on December 9, the Sandiganbayan Fourth Division cleared former mayor Flavio Saniel Jr. and others of the charge of violation of the Anti-Graft and Corrupt Practice Act for the failure of the prosecution to prove their guilt beyond reasonable doubt.

Also acquitted were then-Bids and Awards Committee (BAC) members Marcos Bahinting, Melita Delos Santos, Gasmelba Felicitas, Nikki Omboy, Jerry Delos Santos, Martin Blanco, Lina Lou Gitalan, and Eleuterio Galleto.

“Let the Hold Departure Order issued against the accused by reason of this case be lifted and set aside, and their bonds released, subject to the usual accounting and auditing procedures,” the anti-graft court said.

The case stemmed from the complaint filed by the Ombudsman against Saniel and the others in 2016 for the procurement that allegedly did not go through public bidding due to a lack of supporting documents.

However, the court said that the accused had presented copies of the invitations to bid that was posted in three places in the municipality and sent to prospective bidders.

“They explained that the same documents were not submitted to Auditor Arellano simply because she did not request copies thereof,” it said.

Further, the Sandiganbayan said it is significant to note that the Commission on Audit (COA) did not categorically say that the purchases were made without public bidding.

“At any rate, ‘suspicious’ circumstances or even the alleged haste by which the transactions were accomplished are not the ‘proof beyond reasonable doubt’ demanded to secure a conviction,” the court said.

Meanwhile, in answering the argument that the procurement of Vitamin A was not justified as these were freely supplied by the Department of Health, the court said that Saniel and the others were mere “conduits.”

It said that the procurements were a part of the project funded by Zamboanga del Sur 1st District Representative Isidro Real Jr. and funded by the Philippine Charity Sweepstakes Office (PSCO).

Saniel said that the list of medicines to be procured was provided by the office of Real.

“In this regard, the accused were not tasked to determine and justify whether the Municipality required the said medicines whether by type or quantity. By the same logic, any disallowance based on the cost-efficiency thereof should not be borne by accused as mere implementors, but an issue relevant to the PCSO’s decision to expand public funds for the said purpose,” it said.

The court further said that the prosecution and COA had the case “all wrong” regarding the expiration of the medicine before they were delivered to the actual beneficiaries.

“Such matter, however, is no longer germane to the issue of procurement and is beyond the mandate of the accused BAC officials. The delivery by a supplier of the goods purchased is different from delivery of the same goods to the intended beneficiaries,” it said

Meanwhile, the court said that the canvassing of only a single local store without confirming whether the medicine delivered was generic or branded is grossly insufficient to convict.

“In closing, the Court finds occasion to state that while the public undoubtedly benefits from the vigorous enforcement of accountability measures against public officials, it cannot, however, render a judgment of conviction with evidence that proves anything less than guilt beyond reasonable doubt,” it said. —KBK, GMA Integrated News