
The Sandiganbayan on Friday acquitted ex-Muntilupa mayor Aldrin San Pedro of a P97.52 million graft charge stemming from the alleged irregularities in his procurement of fire trucks from 2008 to 2009.
In a 35-page decision, the anti-graft court’s Second Division let San Pedro off the hook after the prosecution fell short in proving that he acted with corrupt motives with Palmer-Asia Inc.’s general manager Angel Palmiery.
“It is settled that a conviction premised on a finding conspiracy must be founded on facts, not on mere inferences or presumptions,” the court said. “Bare allegations and testimony without competent proof should not be considered.”
San Pedro was charged with violating Section 3(e) of the Anti-Graft and Corrupt Practices Act (RA 3019) alongside Palmiery for the alleged anomalous purchase of three fire trucks and an aerial ladder truck to the tune of P97.52 million from 2008 to 2009.
Courts records showed that the LGU, through San Pedro, sourced the amount through a loan term with the Land Bank of the Philippines.
Graft probers alleged that San Pedro gave Palmiery unwarranted benefits and advantages by releasing the payment in four tranches on 27 July 2008 and 15 December 2008, 27 January 2009, and 16 March 2009, even without delivering the said trucks to the Muntinlupa local government at the scheduled time.
The erstwhile mayor, the Ombudsman contended, colluded with Palmiery by allowing Palmer Asia to retain ownership of the vehicles even after full payments had already been made.
It was only on 16 July 2012 and 25 November 2014 that the vehicles were registered under the city government, according to the Ombudsman.
However, the Sandiganbayan countered that the prosecution’s allegation tends to confuse, if not outright mislead, since the trucks were, in fact, delivered to LGU prior to full payment.
Citing the evidence, the Sandiganbayan said San Pedro’s participation was limited to signing checks, disbursement vouchers, contract agreements, and deeds of sale, brushing off accusations that he extended unwarranted benefits, preference, or advantage to Palmer Asia.
“All things considered, the court is of this view that accused’s guilt was not proven beyond reasonable doubt in order for him to be convicted under the present information,” it ruled. “The prosecution failed to prove the existence of a corrupt intent, dishonest design, and unethical interest which goes to the very nature of the offense charged.”
Apart from San Pedro, the Sandiganbayan likewise absolved Palmiery of the same offense.
In 2008, San Pedro was also indicted of graft before the Sandiganbayan for purchasing 40,000 trolley bags amounting to P22 million without appropriation from the city’s 2008 Annual Procurement Plan.
However, he managed to escape criminal liability in 2017 after the Sandiganbayan ruled in his favor, citing unreasonable delays in the Ombudsman’s probe.