Sandigan clears 3 Bataan officials
The former officials were charged with fabricating the facts in 2006, claiming that the patrol boat was not acquired on 24 January 2006
Daily TribuneThe former officials were charged with fabricating the facts in 2006, claiming that the patrol boat was not acquired on 24 January 2006
The Sandiganbayan has cleared three officials of the Provincial Government of Bataan of charges for falsifying a public document in relation to the acquisition of a patrol boat in 2006 for P142,500.
The anti-graft court, in a 74-page decision promulgated on its website on 25 October written by Associate Justice Sarah Jane Fernandez, acquitted provincial agriculturist Imelda Inieto, supply officer Pedro Baluyot, and treasury operations officer Francisco Caparas of charges of falsifying acceptance and inspection report and a memorandum receipt.
The former officials were charged with fabricating the facts in 2006, claiming that the patrol boat was not acquired on 24 January 2006, as stated in the memorandum, but rather was delivered on 18 January 2006, as stated in the AIR.
However, the court ruled that there was insufficient proof to demonstrate that the patrol boat was not delivered on the day specified in the AIR and the memorandum.
"The prosecution did not present additional documentary evidence in the present cases to establish non-delivery of the subject patrol boat. That there was non-delivery of goods is a negative allegation," it said.
The prosecution, according to the Court, could have provided direct evidence of non-delivery through the inventory of the LGU's properties or the absence of necessary documents.
As a result, the Sandiganbayan ordered the cancellation and release of the bail bonds the accused posted and the lifting and setting aside of the hold departure orders imposed against them for the cases.
The court ruled that no civil liability was imposed against any of them since there is no factual or legal basis.
The Sandiganbayan, in July, acquitted the officials of graft charges in connection with the same purchase.
