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The anti-graft court says photocopies of documents submitted as evidence should not have been given much weight
MANILA, Philippines – The 3rd Division of the Sandiganbayan overturned on Monday, October 14, a court decision that convicted a government engineer and a private contractor of violation of the graft law in Tacloban City.
The anti-graft court also set aside the prison sentences meted by a Tacloban regional court against Engineer Christine Buena and Manuel Ilagan.
Buena served as a project engineer of the Department of Public Works (DPWH) in Tacloban City, while Ilagan managed the contracting firm I and E Constructions.
They were convicted of violating the Anti-Graft and Corrupt Practices Act, as well as falsification of public documents, by the Regional Trial Court Branch 9 in Tacloban on November 29, 2022. They then appealed the decision.
The DPWH engineer was accused of colluding with Ilagan in December 2003 to release the full payment of P4.3 million to the contractor for a road project on Rizal Avenue and Rizal Avenue Extension in Tacloban. Prosecutors alleged that the project was only 48.3% complete at the time, despite claims it was 100% finished.
However, the October 14 Sandiganbayan ruling, signed by Justice Amparo Cabotaje-Tang and concurred by Associate Justices Bernelito Fernandez and Ronald Moreno, voided the regional court’s sentence of six to seven years for graft, six months to six years for falsification, and a P2-million fine against the two.
The Sandiganbayan said the evidence presented was insufficient to prove their guilt beyond reasonable doubt. It pointed out that in the falsification charge, the prosecutors only submitted photocopies of the alleged falsified documents, not the originals.
The anti-graft court said the photocopies of key documents, such as the statement of work accomplished dated December 31, 2003, and the disbursement voucher dated December 30, 2003, should not have been given much weight.
Since the graft conviction was based on the same documents, the court found that conviction to be flawed as well. – Rappler.com
