Ex-QC mayor Herbert Bautista acquitted of graft over P25-M solar power deal

The Sandiganbayan on Friday cleared former Quezon City mayor Herbert "Bistek" Bautista of graft charges over a P25-million solar power deal due to the prosecution’s failure to prove his guilt beyond reasonable doubt.

In a December 12 decision, the anti-graft court said that Bautista merely acted in good faith and based on the recommendation of his subordinate, then city administrator Aldrin Cuña, when he approved the release of the payment to private firm Cygnet Energy and Power Asia, Inc. for the solar power system and waterproofing works for the Quezon City Civic Center building.

Government prosecutors alleged that the Cygnet firm was paid for the contract even if it failed to secure a Net Metering System from Meralco.

“The court finds that accused Bautista was correct in invoking the Arias Doctrine. The Arias Doctrine held that all heads of offices have to rely to a reasonable extent on their subordinates and on the good faith of those who prepare bids, purchase supplies, or enter into negotiations. In other words, there has to be some added reason why the head of office should examine each of the documents he is supposed to sign,” the anti-graft court said.

“Good faith has been defined as a "state of mind denoting honesty of intention, and freedom from knowledge of circumstances which ought to put the holder upon inquiry; an honest intention to abstain from taking any unconscientious advantage of another, even through technicalities of law, together with absence of all information, notice, or benefit or belief of facts which render transaction unconscientious. Here, there is no reason for Bautista to go beyond the recommendation of his subordinates, including Cuña. To note, no other circumstances were proved by the prosecution that the disbursement voucher was irregular on its face,” it added.

The anti-graft court then said that the prosecution's evidence in fact proved that the acceptance, verification, and inspection of the project were performed “in faithful compliance” with the Memorandum dated December 27, 2012 which governs the official conduct of the accused at the time material to the case.

In addition, the Sandiganbayan said the subject disbursement voucher underwent a complete staff work in compliance with Memorandum Circular No. 8, series of 2015, before it was signed by Bautista.

“To demand that Bautista identify the presence or absence of a net-metering permit before signing Box "C" of the disbursement voucher, is an unreasonable expectation-akin to searching for a needle in a haystack-particularly when such a requirement cannot be readily ascertained on the face of the document,” it said.

“Without any apparent irregularities in the disbursement voucher and its supporting documents. Bautista's reliance on the initials and signatures appearing therein should be considered as done in good faith and within the existing official procedure,” it added.

The Sandiganbayan, however, convicted Cuña of graft, whom it identified as the one responsible for the payment made to Cygnet.

“The same defense [of Bautista] cannot be applied to accused Cuña who had the initial and final opportunity to accept the project on behalf of the Quezon City Government in its required specifications,” the anti-graft court said.

“Wherefore, the court finds accused Aldrin Chin Cuña guilty beyond reasonable doubt of violating Section 3(e) of Republic Act No. 3019, as amended, and is hereby sentenced to suffer the indeterminate penalty of six years and one month, as minimum, to eight years, as maximum. He is likewise sentenced to suffer the penalty of perpetual disqualification from holding any public office and shall suffer loss of all retirement or gratuity benefits under any law,” it added.—AOL, GMA Integrated News