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[av_heading heading=’Sandiganbayan junks graft raps of former Sara mayor, 6 others ‘ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BY ADRIAN STEWART CO
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February 7, 2018
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MANILA – The Sandiganbayan First Division acquitted former Sara, Iloilo mayor Neptali Salcedo and six other officials of the town from 13 counts of graft charges filed by then Iloilo 5th District congressman Niel Tupas Jr. in 2011.
In a 62-page decision released yesterday, the anti-graft court dismissed the complaints (malversation of public funds and multiple graft).
Aside from Salcedo, also acquitted were former municipal treasurer Edna Pacrim, municipal engineer Roel Salcedo, municipal budget officer Gregorio Golingay, municipal planning and development coordinator and Bids and Awards Committee (BAC) chairman Calixto Oliveros, municipal general services chief Marcelino Abellar, and executive assistant and BAC member Marilou Balasabas.
“The court finds and so holds that the prosecution failed to prove beyond reasonable doubt that the accused violated (the anti-graft law). Hence, they should be acquitted,” the Sandiganbayan stated.
“In our criminal justice system, the overriding consideration is not whether the court doubts the innocence of the accused but whether it entertains a reasonable doubt as to his guilt,” it added.
“This determinant, with the constitutional presumption of innocence which can be overthrown only by the strength of the prosecution’s own evidence proving guilt beyond reasonable doubt, dictate the exoneration of this case,” the Sandigabayan further stated.
The anti-graft court lifted the hold departure order issued against the accused.
Tupas filed the complaints based on audit findings that contracts and purchase orders totaling P1,249,050 were questionably awarded to Porquez Farm and General Merchant even though the company was not a bona fide supplier.
Based on the findings of the Ombudsman, the corresponding disbursement vouchers for payments made to the firm were not supported by the required documents, and the vouchers lacked several of the required signatures.
Mayor Salcedo, Pacrim and Engineer Salcedo were also indicted over P200-thousand payment for the construction of a farm-to-market road from Barangay Domingo to Barangay Muyco, Sara and another P100,000 for another farm-to-market road from Sitio Kapinayan, Barangay Domingo to Sitio Sincua, Barangay Lemery.
Based on a Commission on Audit (COA) report, the town also paid an excess of P96,512 for the Domingo-Muyco project that was valued at only P103,488.
For the third graft complaint, Salcedo, Pacrim, Engineer Salcedo, accountant Edgar Beatingo, and a private individual identified as Luis Ybiernas were charged for allegedly causing the payment of P1 million to the Sara Caltex station for fuel and lubricant used in several road repair and expansion projects.
In the fourth case, Salcedo, Pacrim and the municipal engineer were accused of 30 counts of malversation of public funds through alleged falsification of public documents over the release of P1,834,400 for the labor payroll./PN
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