Citing “inordinate delay” in the prosecution of the case, the Sandiganbayan's First Division has dismissed the graft charge filed by the Ombudsman against former director general Augusto Syjuco Jr. of the Technical Education and Skills Development Authority in connection with the alleged anomalous purchase of farm inputs in 2004.
In a 12-page resolution promulgated on March 16, the anti-graft court granted Syjuco's motion to dismiss the case owing to violation of his right to a speedy trial.
In the same resolution, the court also dismissed the case against former Vice Mayor Ramon Anino of Alimodian, Iloilo, and then-councilors Emmanuel Adricula, Aquiles Cabaluna, Miguel Ambong, Geefre Alonsabe and Job Almacen.
The court also lifted the hold departure orders against Syjuco and his co-accused and ordered the release of their bail bonds.
The case stemmed when Syjuco, a former Iloilo congressman, and his co-accused tapped Tawo Kag Duta sa Kauswagan Cooperative as nongovernment organization-partner for the acquisition of farm inputs for Alimodian town.
The P5-million purchase was funded through the Ginintuang Masaganang Ani Program of the Department of Agriculture, that is in charge in the implementation of the Agriculture and Fisheries Modernization Act.
The Ombudsman accused Syjuco and local officials of Alimodian of conspiring with private respondents Timoteo Salvilla, Edgardo Comoda, and Corazon Taladua, all of whom are executives of the non-government organization, when the municipal council passed a resolution authorizing the late Alimodian mayor Bernardo Ambut to purchase the farm inputs.
Syjuco said the Ombudsman took almost 12 years to complete its preliminary investigation and file the case at the Sandiganbayan in November 2017.
“The court found no plausible explanation why the Ombudsman needed these number of years just to determine the presence of probable cause to indict the accused-movants,” the resolution read.
“To the mind of the court, the process of merely verifying a prima facie case, certainly, will not require 12 years in the context of the circumstances of this case,” it added.
Meanwhile, the Sandiganbayan has recommended a six-year imprisonment for five Leyte officials who were found guilty of graft owing to alleged excessive allowances.
In a decision written by Associate Justice Bayani Jacinto, the Sandiganbayan found Bids and Awards Committee members Edgardo Cinco, Luzminda Bibar, Meonilo Reforzado, Ricardo Efren and Alfredo Canonigo of Tabontabon, Leyte guilty of five counts each of alleged violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act.
The anti-graft court failed to provide evidence to refute the accusations leveled them.
“As against the documentary proof submitted by the prosecution, the said accused offered no defense that would supply any alternative context or justification for their actions,” the decision read. The anti-graft court also asked the respondents to pay the local government the sum of P272,000 with subsidiary imprisonment in case of solvency.
The Ombudsman accused the BAC members of having received P34,000 each in honorarium from January to May 2007—an amount beyond what was allowed by the Department of Budget and Management.
It said the grant of honoraria sourced from bidding activities, for each BAC member must not go beyond 25 percent of his/her basic monthly salary, as per DBM rules.
Based on prosecution's evidence, Cinco got a monthly salary of P15,314, while Bibar and Reforzado received P14,874 and P7,374, respectively.
Similarly, Efren drew a monthly compensation at P6,288 while Canonigo had a salary of P4,277.
The Sandiganbayan said the honoraria extended to the BAC members were sourced from the Annual Investment Fund of the municipality.