MANILA, Philippines — The Supreme Court’s Second Division acquitted former Mactan Cebu International Airport Authority, or MCIAA, general manager Adelberto Yap, accounting division manager Ma. Venus Casas, Bids and Awards Committee, or BAC, Head Veronica Ordoñez, BAC Legal Officer Sigfredo V. Dublin, and then president of AsiaBorders Philippines Inc., AsiaBorders, Marlon E. Barillo of graft and corruption in its decision promulgated on 4 October 2023.

In its 39-page decision, the Second Division reversed the decision of the Sandiganbayan convicting all the accused. It ruled that “the prosecution failed to muster the requisite quantum of evidence to sustain a verdict of conviction against accused-appellants for violation of Section 3(e) of Republic Act No. 3019.” Additionally, the Supreme Court also acquitted Yap of the charge of Section 3(g) of RA 3019. The court declared that “the Sandiganbayan invalidly supplied and read into the Information inculpatory factual allegations which were not found therein.”

The charge of graft and corruption against Yap and his co-accused stemmed from the procurement of a P38 million Aircraft Rescue Fire Fighting Vehicle, or ARFFV, for Mactan Cebu International Airport in preparation for the ASEAN Summit held in Cebu back in 2006. AsiaBorders won the public bidding and was subsequently issued a Notice of Award for the supply and delivery of one ARFFV. Complaints were filed against the MCIAA officers and the representative of the winning bidder, Barillo, before the Office of the Ombudsman on the basis of alleged irregularities in the procurement of the ARFFV.

The Supreme Court ruled that the contract for the purchase of the ARFFV was not assailed by the prosecution during trial and therefore “valid in all respects.” The High Court further ruled that the winning bidder, AsiaBorders Philippines Inc., was qualified to participate in the public bidding for the ARFFV.

It also declared that the release of P6 million to open a letter of credit facility was regular and in fact was an obligation of the government under the contract.