Ex-PhlPost chief cleared of graft

The Sandiganbayan has dismissed the graft charges filed against former Philippine Postal Corp. (PhlPost) chief Diomedio Villanueva due to a technicality.

In a 13-page resolution promulgated on Aug. 24 but released to media yesterday, the anti-graft court’s Seventh Division sided with Villanueva’s argument that the case filed against him by the Office of the Ombudsman on July 12 was defective.

“Since the information is defective, the instant case should be dismissed pursuant to the Revised Rules on Criminal Procedure. Otherwise, it would be futile to proceed with the case,” read the resolution penned by Associate Justice Zaldy Trespeses.

Associate Justices Ma. Theresa Dolores GomezEstoesta and Bayani Jacinto concurred with the ruling.

Magistrates of the Sandiganbayan said the prosecution failed to prove that the defendants committed “partiality, evident bad faith and gross negligence,” which are key elements of a graft offense.

The other defendants, former assistant postmaster general Antonio Siapno and former PhlPost accounting department director Leonido Basilio, were also cleared of graft.

The ombudsman charged Villanueva with violating Republic Act 3019, the AntiGraft and Corrupt Practices Act over an allegedly anomalous grant of a P53-million refund to PhlPost USA, a privately owned corporation based in New York City, in November 2003.

The refund was for the terminal dues paid by the company for the mails sent to Royal Mail, a post office in the United Kingdom, using Philippine postage seal.

Villanueva served as Armed Forces chief from March 2001 to May 2002 under the Arroyo administration.

He became controversial after he was linked to the “pabaon” (sendoff gift) scandal for military officials.

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