Sandiganbayan acquits ex-LRTA execs in graft case
The Sandiganbayan Fifth Division has acquitted former Light Rail Transit Authority (LRTA) Administrator Melquiades A. Robles and several others of their graft charge involving the reportedly irregular hiring of janitors back in 2009 after their demurrer to evidence was granted.
In a resolution promulgated on November 20, the anti-graft court granted the demurrer to evidence of Robles and his co-accused, which is an objection made by the defense arguing that the prosecution's evidence is weak or insufficient for the court to reach a conviction.
Robles was initially accused of violating Section 3(e) of RA 3019 or the Anti-Graft and Corrupt Practices
Act for paying Joint Venture a total of ₱3,373,808.51 per month for the services of 321 janitors from January 5, 2009 and February 17, 2009.
However, the LRTA only used 219 janitors in the end, therefore modifying the terms of the contract. Undue injury was reportedly caused to the government in the amount of ₱1,072,615.63 per month or ₱12,864,615.63 in 2009 alone.
The prosecution wanted to prove the number of janitors agreed upon under the Terms of Reference of the contract between LRTA and Joint Venture. The contract stated that "the total manpower deployment shall not be less than 321 and shall be sufficient to effectively perform all janitorial works for Rolling Stocks and Line Stations."
However, the prosecution said the special bids and awards committee (SBAC) and Joint Venture agreed to exclude the depot area, so a total of 102 janitors had to be deducted from the agreed-upon 321. This, in turn, should have resulted in a reduction of the maintenance fee paid to Joint Venture.
"Unfortunately, the prosecution failed to produce the originals of these exhibits during the trial," the court said.
Prosecution witness, LRTA Corporate Board Secretary Atty. Hernando Cabrera, certified as true copies the prosecution’s evidence regarding the number of janitors hired. However, Cabrera admitted in open court that he did not see the original copies of these documents when he made the certification.
Since he did not see the original documents and he was not its custodian, the anti-graft court ruled that "his certification is absolutely valueless."
As for the amount of ₱3,373,808.51 reportedly paid to Joint Venture, the court said there was no basis or computation on how the amount was arrived at. The journal entry vouchers, budget utilization slips, disbursement vouchers, and sales invoices submitted by the prosecution never indicated that amount.
Even the computation of Associate Graft Investigation Officer II Philip Daniel Matthews from the General Investigation Bureau of the Field Investigation Office did not reflect the same amount. "So, where did the prosecution get this figure when it framed the Information?" the court questioned.
In the same vein, the prosecution failed in proving undue injury that was caused to the government and acts of conspiracy among the accused, which are two important aspects of every graft charge.
"Here, the prosecution was unable to present any testimonial or documentary evidence to establish conspiracy by and among all of the accused," the resolution read.
"The Court, thus, has no recourse but to grant the demurrers filed by the accused as there is no sufficient evidence to prove their guilt beyond reasonable doubt," it added.
Also acquitted of their graft charge are Department Manager Federico J. Canar Jr., Dennis Francisco, Accounting Manager Evelyn L. Macalino, special bids and awards committee chairman Marilou Liscano, administrative department manager Elmo Stephen P. Triste, member Eduardo A. Abiva, Automated Fare Collection System (AFCS) manager Nicholas G. Ombao, procurement services chief Roger L. Vano, division manager Maynard S. Tolosa, HR management officer III Juliet U. Labisto, and private individuals Lilia S. Diaz and Dennis Acorda.
The 18-page resolution was penned by Chairperson Rafael Lagos with the concurrence of Associate Justices Maria Theresa MendozaArcega and Maryann Corpus-Mañalac.