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Sandiganbayan at Commonwealth Avenue, Quezon City.
STAR / File
MANILA, Philippines — The Sandiganbayan has denied the motion for reconsideration of the bail plea of former Department of Public Works and Highways officials in MIMAROPA who are co-accused of fugitive former lawmaker Zaldy Co.
In a resolution dated March 31, the anti-graft court reaffirmed its decision to withhold the provisional release of Ruben D.S. Santos, Felisardo Casuno, Dennis Abagon, Montrexis Tamayo, Juliet Calvo, Gerald Pacanan, Gene Ryan Altea, Dominic Serrano and Lerma Cayco.
The case stems from the alleged malversation and falsification of public documents in the disbursement of funds for a P289.4-million allegedly fraudulent project in Naujan, Oriental Mindoro.
Motions of accused
The accused argued that the prosecution failed to provide conclusive evidence that the project's steel sheet pipes (SSPs) were only three meters long instead of the specified 12 meters.
They contended that the court should only consider the value of the materials actually measured during inspections, which they claimed would keep the amount below the threshold for denying bail.
The anti-graft court, however, dismissed this reasoning, asserting that evidence from excavations at various project sites established a prima facie case that the deficiency was widespread rather than isolated.
The anti-graft court also said it was highly improbable for the measured three-meter piles to be conveniently located only at the inspection points, while the rest of the structure met the 12-meter specification.
Accountability in approvals
The court then rejected the defense's claims that the signatures provided by the accused on disbursement vouchers and inspection reports were merely routine or ministerial.
Several of the accused maintained they were not "accountable officers" and had relied in good faith on the representations of their subordinates.
The Sandiganbayan said every signature in the disbursement process serves as a vital safeguard and an "affirmative certification of truth" regarding the project's compliance with specifications.
"The accused's acts of making their respective certifications, recommendations, or approvals — which are required to reasonably ensure that the contractor complied with the specifications of the project before payment is released — appeared to have been done pursuant to the same object of releasing the DPWH's funds to Sunwest, Inc. despite its failure to accomplish the works in compliance with the required specifications," the anti-graft court said.
According to the ruling, the release of public funds to the contractor, Sunwest, Inc., would have been impossible without the sequential and indispensable participation of each official involved.
Humanitarian plea denied. On Serrano's plea on humanitarian grounds due to his advanced age and medical conditions, the anti-graft court said there was not enough compelling evidence that his health issues required specialized medical attention.
"Similarly, there is nothing to show that accused Serrano's alleged medical conditions would require immediate and specialized attention outside his current confinement to justify his release on humanitarian grounds," the anti-graft court said.
