Sandiganbayan clears ex-PNP directors malversation, graft raps

The Sandiganbayan dismissed the multiple malversation, graft, and violation of Procurement Law cases against retired Police Directors Geary Barias, Eliseo dela Paz, and at least 15 other police officials and private individuals in connection with the alleged misuse of a P400 million vehicle repair and maintenance fund due to lack of evidence.

In a 272-page resolution, the Sandiganbayan said that while the prosecution’s allegation relied heavily on tires, miscellaneous, office janitorial supplies, as well as V-150 parts and accessories not being delivered despite payments made to suppliers, the prosecution did not “conclusively prove its claim of ghost deliveries.”

“As such, both charges for malversation do not have any leg to stand on. Given these reasons, while we sustain the indictments for violation of Sec. 3(e) of R.A. No. 3019 (Anti-Graft and Corrupt Practices Act) for the same acts, the Court finds that the prosecution was unable to establish the last element for the charge of malversation,” the Sandiganbayan said.

“As such, it becomes unnecessary to further discuss the presence of a possible conspiracy between the accused, since the Court would nevertheless be unable to hold any of them accountable under the said law” the Sandiganbayan added.

In addition, the anti-graft court said that the prosecution failed to back its accusations that the private individuals accused in the case, including Oscar Madamba of Serpenair Group Inc. (SGI), by their machinations carried out a scheme to “stifle or suppress competition” among prospective bidders before bidding was held or as against their competitors in connection with the transactions subject of these cases,” the Sandiganbayan added.

As a result of the dismissal of cases, the Sandiganbayan lifted the Hold Departure Orders issued against the accused and ordered the release of the cash bonds they posted for provisional liberty, subject to the usual auditing and accounting procedures. — DVM, GMA Integrated News