The Supreme Court (SC) Wednesday reversed the Sandiganbayan’s conviction of actor and former Parañaque City Mayor Joey P. Marquez on graft charges in connection with the city’s alleged overpriced purchase of 5,998 pieces of “walis-tingting” (broomsticks) in 1996.

In a decision written by Justice Antonio Eduardo B. Nachura, the SC acquitted Marquez along with Ofelia C. Caunan, then officer-in-charge (OIC) of the city government’s General Services Office.

Reversed by the SC was the Aug. 30, 2007 Sandiganbayan decision and March 10, 2008 resolution that found Marquez and Caunan guilty of violating the Anti-Graft and Corrupt Practices Act.

The SC said that to be charged under Section 3(g) of the Anti-Graft Law, the following elements must be present: (1) accused is a public officer; (2) official entered into a contract or transaction on behalf of the government; and (3) such contract or transaction is grossly and disadvantageous to the government.

According to the SC, “the gross and manifest disadvantage to the government was not sufficiently shown because the conclusion of overpricing was erroneous since it was not adequately proven.”

In the case against Marquez and Caunan, the SC pointed out that the Sandiganbayan merely relied on the findings of the Commission on Audit of overpricing which was, in turn, based on the special audit team’s report.

But it said the evidence of the prosecution, as consistently pointed out by Marquez and Caunan, “did not include a signed price quotation from the ‘walis-tingting’ suppliers of Parañaque City.”

“The reasoning of the Sandiganbayan is specious and off tangent. The audit team reached a conclusion of gross overpricing based on documents which, at best, would merely indicate the present market price of ‘walis-tingting’ of a different specification, purchased from a non-supplier of Parañaque City, and the price of ‘walis-tingting’ purchases in Las Piñas City.

“Effectively, the prosecution was unable to demonstrate the requisite burden of proof, i.e., proof beyond reasonable doubt, in order to overcome the presumption of innocence in favor of petitioners,” the SC said.

In January 1996, then Mayor Marquez, Caunan, and four other local government officials entered into contract with private individual Antonio Razo of ZARO Trading for the purchase of 5,998 pieces of broomsticks at P25 per piece totaling to P149,950 without public bidding.

The CoA later found out that the cost of a ‘walis-tingting’ was only P11 apiece. Subsequently, criminal information were filed based on the findings of the CoA Special Audit Team that there was overpricing, and on the basis of the findings the Sandiganbayan convicted Marquez and Caunan.