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The anti-graft court says state prosecutors fail to support allegations of corruption in case involving the defunct One-Stop-Shop Inter-Agency Tax Credit and Duty Drawback Center of the Department of Finance
MANILA, Philippines – The Sandiganbayan acquitted two former officials of the the Department of Finance and three private defendants of charges of violation of the Anti-Graft and Corrupt Practices Act and two counts of estafa for lack of evidence.
Acquitted were the Uldarico Andutan Jr. and Asuncion Magdaet, deputy executive director and reviewer, respectively, of the Department of Finance’s (DOF) defunct One-Stop-Shop Inter-Agency Tax Credit and Duty Drawback Center (OSS Center); and private defendants Ma. Carmencita Camara, Sonia Carmona, and Sonia Dacasin.
The Sandiganbayan’s Seventh Division dismissed the three charges of violation of the Anti-Graft and Corrupt Practices Act and two counts of estafa through falsification of public documents against the accused, saying government prosecutors failed to support their allegations.
The Office of the Ombudsman alleged that the two DOF OSS-Center officials issued tax credit certificates (TCC) in favor of textile firm Express Colour Industries Inc. through fraudulent means. Camara, Carmona, and Dacasin were representatives of Express Colour.
TCCs are incentives offered by the government to particular industries to spur investments, and hopefully, create more jobs for economic development.
The task of distributing TCCs used to be the mandate of the DOF OSS-Center. However, in February 2023, President Ferdinand R. Marcos Jr. abolished the DOF OSS-Center.
An information filed in 2009 accused DOF OSS Center officers Andutan and Magdaet of conspiring with representatives of Colour Express to defraud the government through the issuance of TCCs in favor of the textile company on different dates in 1996 and 1998.
The prosecution brokedown the TCCs involved at P5.14 million, P5.09 million, P3.17 million all dated August 1996, and for P9.09 million and P6.08 million both dated March 1998.
The Ombudsman said Express Colour was not entitled to the privilege because its supporting documents were spurious and contained false information.
Government prosecutors claimed it was unlikely Colour Express produced dyed yarns during the dates specified in its TCCs because in January 8, 1996 it was slapped a cease and desist order by the Department of Environment and Natural Resources.
In its 86-page decision on October 21, 2024, the Sandiganbayan said the prosecution could not prove allegations that there were no raw materials and indirect exports, and that the transfer of TCCs for consideration was attended by fraud. – Rappler.com
