Sandigan acquits ex-CHED exec
The Sandiganbayan Second Division has acquitted a former Commission on Higher Education (CHED) official of graft for failure of the prosecution to prove that the crime charged beyond reasonable doubt.
In its decision dated 6 December, the anti-graft Court also ordered the lifting of the Hold Departure Order issued against former CHED Regional Office IV-B (MIMAROPA) Director III Officer-in-Charge Maria Rita Ortiz.
Ortiz was charged with violation of Section 3 (j) of Republic Act 3019 or the Anti Graft and Corrupt Practices Act for approving the permit to open and conduct Bachelor of Science (BS) in Nursing course in favor of St. Anthony College of Science and Technology in Calapan City, Oriental Mindoro, even as she fully knew that the school is not qualified to such permit as the CHED en banc already disapproved SACST’s application for government permit to offer the BSN program for school year 2004-2005.
During cross examination, Ortiz said that her basis for issuing the permit is a memorandum form then CHED Acting Executive Director Julito Vitriolo which stated that a provisional permit should be granted to SACST provided that they comply with certain requirements.
She also said that she would not have issued the permit if there was no memorandum from Vitriolo directing her to grant the same.
The Court ruled in favor of Ortiz. “Based on the aforementioned acts of accused Ortiz of informing the Commission of the grant of provisional permit and the corresponding basis for the same, accused Ortiz has shown that she only granted the permit upon the directive of Acting Executive Director Vitriolo.”
“In fact, the Court agrees that there appears to be no irregularity on the face of the Memorandum to warrant a reasonable suspicion as to its invalidity.”
It also noted that if there is any invalidity or irregularity in the issuance of the provisional permit, the Commission should have revoked the same but instead it approved the issuance of Government Recognition of BS Nursing Program of SACST through resolution dated 11 February 2008.
It also said that “the nursing graduates of SACST who attended school from 2004 to 2008 were able to take the board examinations. Hence, it can be inferred that SACST has complied with the requirements of the Commission.”
“In sum, the Court finds that accused Ortiz issued Provisional Permit 001 in good faith,” the Court said.
The decision, penned by Associate Justice Michael Frederick Musngi was concurred with by Associate Justices Oscar Herrera Jr. and Lorifel Lacap Pahimna.