Sandiganbayan clears CDO mayor of graft

The Sandiganbayan on Friday cleared ex-Cagayan de Oro City Mayor Oscar Moreno of graft and falsification charges in connection with the allegedly anomalous lease of heavy equipment amounting to P15 million.

In an 81-page decision, the Sandiganbayan Second Division acquitted Moreno and his co-accused of eight counts of violations of the Anti-Graft and Corrupt Practices Act (RA 3019) and three counts of falsification of public documents under the Revised Penal Code due to the prosecution's failure to prove their guilt beyond a reasonable doubt.

Moreno is facing numerous charges, all related to the anomalous deal filed by the Ombudsman before the Sandiganbayan.

The cases pertain to the leases of heavy equipment deals he made from 2007 to 2012 during his stint as provincial governor of Misamis Oriental from 2004 to 2013.

The Ombudsman said Moreno conspired with members of the bids and awards committee and other provincial officials to give Equiprent Corporation "unwarranted benefit, advantage, or preference" for the month-long rental of various heavy equipment to the tune of about P15 million.

The Ombudsman cited irregularities such as lack of public bidding and the absence of conditions justifying the resort to an alternative mode of procurement, thus "causing undue injury to the government."

In junking the cases, the anti-graft court said there was no clear showing that the accused "had purposely violated the law [Government Procurement Reform Act] nor had acted in conscious disregard of the procurement law to the damage of the government."

"Absent a clear showing of manifest partiality, evident bad faith, or gross inexcusable negligence in the acts of the accused in relation to the questioned transactions, the Court must uphold their innocence of the charges against them," the Sandiganbayan ruled.

Apart from Moreno, his co-accused Patrick Cabutina, Elmer Wabe, Divina Bade, Elsie Lopoy, Rolando Pacuribot, Leemar Tinagan, Danilo Maputol, and Cancio Nicanor Guibone Jr., all from Misamis Oriental provincial government, likewise walked free from graft and falsification charges.