Sandiganbayan finds ex-PTA execs guilty of graft over P3.7-M sports complex

The Sandiganbayan has found former general manager Robert Dean Barbers of the defunct Philippine Tourism Authority (PTA) and two other PTA officials guilty of graft over a P3.7-million sports complex in Intramuros, Manila in 2005.

In a decision dated June 27, the anti-graft court said that while it did not find evidence of a corrupt or fraudulent intent on Barbers and his co-accused Edgar Bocar and Jose Diaz, the prosecution “was able to present proof beyond reasonable doubt on the accused's brazen disregard of pertinent laws, rules, and regulations amounting to gross inexcusable negligence.”

The Sandiganbayan said that Barbers, Bocar, and Diaz proceeded with the PTA sports complex project and paid I.A. Bosque Construction Corporation P3.7 million of public funds even if the said project was not approved by the Intramuros Administration (IA) as required under existing laws.

The IA, the Sandiganbayan said, repeatedly issued notices of violation that were neither heeded nor even responded to by the accused PTA officials.

“As pointed out by the prosecution, the accused were given every chance to rectify their errors, but they remained adamant, resulting in the disbursement of funds for nothing. The acts of negligence of the accused clearly and collectively show that they are both gross and inexcusable, and amount to a tacit approval of a criminal design injurious to the government,” the Sandiganbayan said.

The accused in the case argued that they were not informed of the IA's disapproval, but the Sandiganbayan junked their defense for lack of merit.

“This [defense of not knowing] does not inspire belief based on the evidence on record. To this court, it is a lame excuse for their disregard for the laws and duly constituted authorities,” the Sandiganbayan said.

“Their open defiance of the law did not merely result in the loss of government funds but also incurred the risk that the project would not comply with the minimum safety standards, as signified by the required permits and licenses. This is not simply overzealousness in the exercise of one's duties. This is breach of duty in a blatant and extremely careless manner,” the Sandiganbayan added.

All three accused were sentenced to a jail term of six to eight years each, with perpetual disqualification from public office as an accessory penalty.

Likewise, they are jointly and severally liable for the amount of P3.7 million representing the 15% mobilization fee paid to I.A. Bosque Construction Corporation, with 6% legal interest computed from the finality of the decision.

GMA News Online is trying to reach out to the concerned individuals.—LDF, GMA Integrated News