Sandigan acquits of graft charge ex-Talisay city mayor, administrator in purchase of rescue vehicle
Former Talisay City mayor Johnny V. De Los Reyes and city administrator John Yre S. De Los Reyes have been acquitted by the Sandiganbayan of their graft charges involving the purchase for P3.5 million of a rescue vehicle in 2013.
They were indicted for purchasing from the D'Limitless Vehicle Ventures Corporation of one unit of JAC Stallion Pick-up 4x4 rescue vehicle for use in response operations after typhoon “Yolanda” hit Eastern Visayas, including Talisay City in Cebu.
The prosecution said that the purchase violated Republic Act No. 9184, the Government Procurement Reform Act, since the accused specified the brand name in the procurement documents.
In acquitting the two former city officials, the Sandiganbayan said there was no clear evidence or proof that the act of signing procurement documents was tainted with any irregularity, or with manifest partiality, evident bad faith, or gross inexcusable negligence.
While a brand name was indeed specified, the court said it is not enough to convict the accused officials. At the same time, D'Limitless "responded accordingly," the court said, by offering the lowest bid of P3.5 million compared to other bidders.
"Here, the prosecution failed to show how the government was prejudiced by this transaction and quantify the injury supposedly suffered," the court said.
"The presumption of innocence accorded to accused Johnny and John Yre must be upheld, absent the prosecution proving beyond reasonable doubt that they as a matter of fact violated [graft]," it said.
Fifth Division Chairperson Rafael R. Lagos wrote the 26-page decision with the concurrence of Associate Justices Maria Theresa V. Mendoza-Arcega and Maryann E. Corpus-Mañalac.