Sandiganbayan clears ex-PRA execs, suppliers of graft in 2009 tree planting project

Citing a lack of evidence to prove conspiracy, the Sandiganbayan has absolved former Philippine Retirement Authority (PRA) deputy general manager Reynaldo Lingat and 12 others of graft charges in relation to the alleged irregularities in the procurement of gardening tools for a tree planting project in 2009. 

Also acquitted were PRA officials Noehl Bautista, Orlando Habitan, Evelyn Tansiongco, Pedro del Espiritu, Virgilio Alonzo, Teresita Aganan, Danny Fajardo, Thelma Rupa, and Rosalino Embing. 

The private suppliers — Roderick Natanauan of Natanauan Plant Nursery, Jasmine del Rosario of Sherlane Marketing, and Celeste Napigkit of Speedline International Trading — also walked free of the charges. 

Stemming from the findings of the Commission on Audit, the case alleged that PRA officials were in cahoots with the private suppliers to defraud the government in the procurement of 3,000 mahogany saplings and gardening tools, which graft investigators said were overpriced and lacked mandatory public bidding in violation of the Government Procurement Act. 

Court records showed that the mahogany saplings were purchased for over P1.6 million, with P450 each from Natanauan Plant Nursery, despite the same can be bought for only P30 or can even be given for free by the Department of Environment and Natural Resources.

Gardening tools bought by the PRA from Sherlane Marketing and Speedline for P370,784 and P246,500, respectively, were also flagged as being “excessive, extravagant, and unnecessary.” The prosecution said most of the items were also not delivered.

The purchase in question was supposedly used for the simultaneous tree planting activities carried out by the PRA in Pasig, Marikina, Quezon City, and Cainta, in lieu of their Christmas Party in 2009. 

However, investigators said a portion of the transaction proceeds went to the said PRA officials as a P5,000 Christmas bonus. 

Lingat admitted that all PRA officers, including the two resident auditors, received the Christmas bonus, but denied knowing that the incentives were drawn from the tree planting projects. 

In exonerating the accused, the Sandiganbayan said the Ombudsman did not conduct an independent investigation and just heavily relied on the audit findings and sworn statement of resident auditor Marissa Fajardo-Pariñas, who admitted she did not personally conduct a price canvas of mahogany saplings. 

Fajardo-Pariñas told the court she only asked an unnamed friend to establish the P30 quotation per mahogany sapling and also did not obtain official communication from the DENR to confirm that the same could be given away free of charge.

“Such reliance was fundamentally flawed,” the anti-graft court said.

The Sandiganbayan also ruled that there was no conspiracy, citing the testimony of the graft investigator who admitted that they lacked concrete evidence to demonstrate the existence of such.

“Failure to establish conspiracy renders the accused liable solely for his own specific acts… As this court has determined that none of the violations were proven, this court does not hold any of the accused individuals liable,” the 131-page decision read.