Graft raps urged for PS-DBM, Pharmally execs over P4.4-billion PPE, mask purchases

The Sandiganbayan has denied the bid of former Department of Budget and Management (DBM) and Pharmally officials to junk the graft case filed against them over the alleged overpriced purchase of P4.4 billion worth of personal protective equipment and surgical face mask during the COVID-19 pandemic.

In a September 8 resolution only made available this week, the anti-graft court denied separate motions filed by the following accused seeking to stop their graft prosecution due to lack of merit: 

• Allan Raul Catalan (PS-DBM)
• Dickson Panti (PS-DBM)
• Gerelyn Francisco Vergara (PS-DBM)
• Warren Liong (PS-DBM)
• Linconn Ong (Pharmally) and
• Mohit Dargani (Pharmally) 

“The accused are charged with the violation of Section 3(e) of RA No. 3019, to sustain a conviction. An examination of the Information would show that all the elements [of graft charge is] alleged. It is clear that the Information is sufficient in form and substance,” the Sandiganbayan said.

The elements of graft include:

• the offender is a public officer
• the act was done in the discharge of the public officer's official, administrative, or judicial functions
• the act was done through manifest partiality, evident bad faith, or gross inexcusable negligence; and
• the public officer caused any undue injury to any party, including the government, or gave any unwarranted benefits, advantage or preference.

“The [criminal] information [filed] is valid because it adequately provides the material allegations to apprise the accused of the nature and cause of the charge which allows them to enter a proper plea. However, the burden of proof lies with the prosecution and conspiracy must still be proved with the same quantum of evidence required to establish an element of the offense, that is, by proof beyond reasonable doubt,” the Sandiganbayan said.

Further, the court said that the Ombudsman conducted a valid preliminary investigation wherein the abovementioned accused were given the opportunity to air their side.

“Out of deference to the established power of the Ombudsman, and following jurisprudence, this court will not interfere with the Ombudsman's exercise of its investigatory and prosecutorial powers. In view of the foregoing, there is no valid ground raised to quash the Information, nor to conduct another preliminary investigation,” it said.

As a result of its decision giving the green light for the criminal prosecution of the accused, the anti-graft court scheduled the arraignment of Catalan, Panti, Vergara, Liong, Ong and Dargani on October 2 at 8:30 am.

An arraignment is when the accused enter their guilty or not guilty plea on the criminal charge filed against them. — BM, GMA Integrated News