Sandiganbayan acquits South Cotabato Rep. Acharon of graft

The Sandiganbayan has acquitted 1st District of South Cotabato Rep. Pedro Acharon Jr. of his graft charge over the alleged unlawful issuance of travel order to two city councilors while he was mayor of General Santos City in 2006.

In its 25-page decision, the anti-graft court's Seventh Division cleared Acharon and General Santos City Sangguniang Panlungsod (SP) member Jose Orlando Acharon and former member Minda Atendido of their charge of violating Section 3(e) of RA 3019, or the Anti-Graft and Corrupt Practices Act.

Rep. Acharon was accused of giving "undue advantage, benefit or preference" to SP members Acharon and Atendido by issuing them a travel order for their trip to Los Angeles, California to attend Pagana Dinner Show and Tambayayong Festival in June 2006.

This, even though then-Interior Secretary Ronaldo Puno had previously disapproved their request to travel abroad.

In its decision, the court said the case lacked proof on the existence of the third element of Section 3(e) of RA 3019, which is causing undue element to the government, or giving any private party unwarranted benefits, advantage or preference.

The court ruled that Rep. Acharon, as mayor, indeed had no authority to issue the travel order to the former city council members after their request was previously disapproved by the DILG Secretary.

"The Travel Order was issued in the nature of a non-study leave which the City Mayor could not actually authorize; yet, even if issued in the guise of a personal or private trip where personal funds should have been used, the Travel Order did not attach the requisite approved leaves of absences for the duration of the travel," the decision read.

But even if this was the case, the court still dismissed the case as there was "no undue injury caused to the government was proven."

"SP Members Acharon and Atendido cannot be deemed as 'private parties' who were given unwarranted benefits, advantage or preference," the court said.

The court also said the prosecution failed to show proof that the former councilors Acharon and Atendido indeed charged their travel expenses to the P2.5 million appropriated for the holding of the festival.

"In this case, it was clear from the express tenor of the travel order that SP Members Acharon and Atendido were granted the foreign travel on the basis of their position as members of the Sangguniang Panlungsod who could have charged their transportation expense and other incidental expenses against the foreign account of the Office of the City Mayor," the decision read. — RSJ, GMA News