Sandigan junks graft rap vs CHED exec

The Sandiganbayan has dismissed one of two graft cases against Commission on Higher Education (CHED) executive director Julito Vitriolo in connection with his alleged failure to investigate a diploma mill anomaly.

In a 16-page resolution promulgated on Oct. 6, the First Division partially granted Vitriolo’s Aug. 31 motion seeking the dismissal of his two graft cases, which stemmed from allegedly allowing the Pamantasan ng Lungsod ng Maynila (PLM) to issue diplomas and transcript of records to students despite the suspension of an education program.

The First Division dismissed the allegation of violation of Section 3 (a) of Republic Act 3019 or the Anti-Graft and Corrupt Practices but ruled to proceed with a full-blown trial of the allegation of violation of Section 3 (e) of the same law.

Section 3 (e) of RA 3019 prohibits public officials from giving unwarranted benefit, advantage or preference to a private party or from causing any party, including the government, undue injury. Section 3 (a) of RA 3019, meanwhile, prohibits a public official from inducing or influencing a fellow public official to perform an act constituting a violation of rules and regulations duly promulgated by competent authority.

Based on the information of the cases, Vitriolo, on June 1, 2010, “verbally” permitted the PLM to issue transcript of records (TOR) to the graduates of bachelor’s and master’s degrees in physical education even if he knew that the university had suspended the program in 2008.

In its ruling, the First Division said the ombudsman failed to include one of the key elements of the violation of Section 3 (a) of RA 3019 – the allegation that Vitriolo received remuneration or consideration by the accused in exchange for his use of influence.

The resolution was penned by Associate Justice Geraldine Faith Econg, with Associate Justices Efren de la Cruz and Edgardo Caldona concurring.

Vitriolo’s lawyer, Nap Galit, said the second case will only tackle the minor “technicality” on whether the PLM graduates enjoyed “unwarranted benefits” from his legal opinion.

It was last January when the ombudsman dismissed Vitriolo from service for administrative offenses of grave misconduct, gross neglect of duty, incompetence and inefficiency for supposedly failing to investigate the anomalous issuance of the diplomas and TORs.

The Court of Appeals, on Aug. 17, ordered Vitriolo’s reinstatement but the ruling is still under appeal by former PLM faculty member Oliver Felix, who filed the original complaint before the ombudsman in May 2011.