Sandiganbayan upholds conviction of Aurora officials over irregular infra project

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The court disagrees with the accused's claims that their conspiracy was not proven and that there wasn't enough evidence to prove partiality or negligence

MANILA, Philippines – The anti-graft Sandiganbayan recently upheld the conviction of six Aurora province officials tagged in the irregular award of an infrastructure project in 2014.

In a resolution dated February 27, the special court’s Sixth Division denied the separate motions for reconsiderations filed by the following officials convicted for violation of section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act:

• Provincial administrator Simeon de Castro
• Former provincial budget officer Paz Torregosa
• Bids and Awards Committee (BAC) chairman Ricardo Bautista
• BAC members Norma Clemente, Isaias Noveras Jr. and Benedicto Rojo

The said officials were also sentenced to imprisonment of up to 10 years during the promulgation of judgment held in September last year.

In their appeal, the accused contested the Sandiganbayan’s ruling that there was evidence beyond reasonable doubt in their conviction. Beyond reasonable doubt is the threshold the prosecution needs to meet to convict an accused in a criminal case.

They claimed that their conspiracy was not proven and that the evidence to support that they manifested partiality or gross inexcusable negligence was not enough. However, the court disagreed with the accused.

“After a review of the records of the case and the arguments raised… the Court denies the three motions for reconsideration. The matters raised are a mere rehash and repetition of the issues and arguments which have been considered and passed upon by the court,” the Sandiganbayan said.

According to the anti-graft court, the timeline of public works projects established that the officials acted with manifest partiality in favor of the contractor. The Sandiganbayan said the Notice to Proceed issued on August 15, 2024 was the exact date the works were supposedly completed, according to the accomplishment report dated August 18, 2024.

“The totality of the accused’s acts resulted in the government being defrauded. When put together, the actions of all the accused revealed their plan to allow RMCR Construction to be chosen without the benefit of a public bidding,” the court added.

The case stemmed from the charge filed by the Office of the Ombudsman in 2018, where prosecutors alleged that the bidding was rigged in favor of RMCR Construction. The bidding had been rigged so the company can win the contracts to repair the Dimalang bridge approach of Casiguran-Dilasag provincial road and a road section of the Casiguran-Dilasag provincial road, according to the Ombudsman.

The prosecutors added that the construction of the said projects were already implemented and almost completed even before the procurement process was ended. Bidding is required by law in government projects to ensure transparency and fair competition.

Just three days after the provincial government issued the Notices to Proceed to RMCR, an accomplishment report dated August 18, 2014, declaring both projects “100 percent complete,” had already been issued. – Rappler.com