THE Court of Appeals has absolved former Cavite governor Erineo “Ayong” Maliksi of criminal and administrative liabilities, in connection with the questionable purchase of 7,500 sacks of rice worth P7.5 million by the provincial capitol during his term in 2004.
In a 13-page decision penned by Associate Justice Marie Christine Azcarraga-Jacob, the CA’s 16th Division sustained the 2007 resolution of the Office of the Ombudsman dismissing the charges against the former governor for lack of probable cause.
The appellate court denied the appeal of Maliksi’s successor and political rival, former Gov. Jonvic Remulla, seeking reversal of the Ombudsman ruling.
The CA sided with the anti-graft body’s findings that there was nothing irregular with the purchase.
“Substantial evidence has concretely shown in no uncertain terms that respondent Maliksi had no wrongful intention or furtive design in procuring the subject sacks of rice,” the CA ruled.
The appellate court also held that the Ombudsman “correctly ordered the dismissal of the administrative charges for misconduct and abuse of authority, [among others,] against respondent Maliksi.”
“These findings of the respondent Ombudsman are conclusive on this court, there being no showing that they were arbitrarily or capriciously made,” the decision stated.
Records showed that Maliksi issued an order in October 2004 for the purchase of sacks of rice to be used to alleviate hunger crisis among the indigent families of the different barangays of the province.
Remulla then filed a complaint against Maliksi, saying there was no public bidding conducted for the procurement.
However, the Ombudsman junked the complaint and held that the rice procurement was an emergency purchase exempted from the requirement of bidding.