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[av_heading heading=’Ex-guv Tupas, in-laws cleared in graft case’ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY GLENDA SOLOGASTOA
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Tuesday, January 3, 2017
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ILOILO City – More than a year after his death, former Iloilo governor Niel Tupas Sr. and his in-laws, charged with corruption over sand and gravel crushing operations related to the construction of the Iloilo Airport in 2004, were cleared by the Sandiganbayan.
In a 23-page decision penned by Associate Justice Reynaldo Cruz, the anti-graft court said there was not enough evidence to prove that the late governor acted with “evident bad faith, manifest partiality and gross inexcusable negligence” in issuing an industrial sand and gravel (ISAG) permit to a private operator.
The operator was Melvin Requinto. He was tapped to supply sand and gravel to the contractor of the Iloilo Airport, the Japanese firm Taisei-Shimizu Joint Venture.
But after Requinto was issued with the ISAG, he entered into a deal with M. Montesclaros Enterprises Inc. (MMEI) to operate his gravel-crushing plant in Maasin, Iloilo.
Tupas was related to the Montesclaroses, the owners of MMEI, by affinity. His son Raul (now congressman of Iloilo’s 5th District), was married to Binky April Montesclaros.
The Office of the Ombudsman, which filed the graft complaint, claimed Requinto was just a dummy for the gravel-crushing plant. It also accused the Montesclaroses of conspiring with the then governor.
If the Ombudsman were to be believed, Requinto lacked quarrying experience and necessary equipment and that Requinto’s crushing and screening plant was registered with the Department of Trade and Industry only almost three months after it was issued the ISAG.
But according to the Sandiganbayan, “Simply alleging evident bad faith is not enough for it is well settled that allegation does not amount to proof. And charges based on mere suspicion and speculation cannot be given credence.”
Aside from Tupas, the Sandiganbayan also cleared Marianito Montesclaros (father-in-law of Raul), Esther Montesclaros, Mariano Rico Montesclaros, Maita Montesclaros-Gue, and Totsy Montesclaros-Dueñas.
“It is sheer speculation to ascribe such corrupt intent against accused Tupas Sr. solely from the fact that he is a relative by affinity of the accused Montesclaros, et al.,” according to the Sandiganbayan.
Requinto was also cleared.
The Ombudsman claimed Tupas Sr.’s relationship with the Montesclaroses gave Requinto’s company “unwarranted benefits and an undue advantage.”
But according to the Sandiganbayan, Requinto’s application for ISAG passed the evaluation of the Provincial Environment and Natural Resources Office, the Provincial Mining and Regulatory Board and the Provincial Legal Office.
“The circumstances under which the application was granted suggest that the proper procedure for its approval was followed,” the decision further read.
Tupas Sr. was a member of the Liberal Party and a close ally of then President Benigno Aquino III. He was a key political player in Iloilo province.
FAMILY WELCOMES THE DECISION
The family of the former governor welcomed the Sandiganbayan decision.
“From the beginning we knew (the case) was politically motivated and the Ombudsman at that time went along with our political enemies in filing that case against my father,” former congressman Niel “Jun-jun” Tupas Jr. told Panay News.
He said he “expected this favorable decision because the case was really without any basis at all.”
The late governor’s eldest son lamented that his father was taken advantage of by people close to him. But he did not elaborate.
The former congressman and younger brother Raul have not been on speaking terms. Raul defeated Niel Jr.’s wife in last year’s election for congressman of the 5th District.
Former Iloilo City councilor Nielex Tupas, on the other hand, expressed gratitude to the anti-graft court for clearing his father.
“I would have wanted the decision to come out when tatay was still alive,” he said.
Tupas Sr. died of multiple organ failure on Nov. 24, 2015. (With a report from Prince Golez/PN)
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