The Supreme Court has paved the way for the Sandiganbayan to proceed with the prosecution of former Isabela Gov. Grace Padaca and two others for graft and malversation of public funds.
“‹The charges were over their alleged involvement in the anomalous award of a P25-million contract to a private firm for the implementation of the province’s rice program.
In a 12-page decision, the SC’s Second Division through Associate Justice Andres Reyes Jr. denied the petitions filed by Padaca, municipal councilor Servando Soriano and Dionisio Pine, manager of the Economic Development for Western Isabela and Northern Luzon Foundation, Inc., seeking to reverse the resolutions of the Office of the Ombudsman in January 2011 and September 2012.
The resolutions found probable cause to indict them for committing the crime and denying their motion to recall the arrest warrants issued against them, respectively.
“With the foregoing, the Court concurs with the Sandiganbayan that no grave abuse of discretion amounting to lack or excess in jurisdiction can be attributed to the Ombdusman, as the latter’s finding of probable cause rest on substantial basis,” the high court ruled.
The SC stressed there was no grave abuse of discretion on the part of the Sandiganbayan in denying Soriano and Pine’s motion to recall the arrest warrants issued against them.
“The Sandiganbayan aptly limited its determination of probable cause to resolve whether arrest warrants should be issued against petitioners. There is no allegation, much less proof, how this judicial determination was exercised in a capricious, whimsical or arbitrary manner,” the tribunal said.
The Court said: “In sum, there is no cogent reason to disturb the Ombudsman’s finding of probable cause and the Sandiganbayan’s denial of Soriano and Pine’s omnibus motion.
“The Court cannot and will not nullify the Ombudsman’s factual findings on the sole ground that the complainant dies not agree with such findings.”
Investigation by the Ombudsman showed that Padaca engaged the services of EDWINLFI to manage Isabela’s provincial rice program without due regard to the rules on government procurement.
The anti-graft body also noted the fact that EDWINLFI’s officers included Soriano and Provincial Government’s Legal Officer Johnas Lamonera raised a suspicion as to the regularity of the transaction.
Because of this, the Ombudsman ruled there was a probable cause to believe that Padaca gave unwarranted preference and benefits to EDWINLFI which is penalized under Section3 (e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.
The Ombudsman also found probable cause to charge the petitioners for malversation of public funds based on Section 340 of the Local Government Code.
The provision states: “Any officer of the local government unit whose duty permits or requires the possession or custody of local government funds shall be accountable and responsible for the safekeeping thereof in conformity with the provisions of this Title.
“Other local officers who, though not accountable by the nature of their duties, may likewise be similarly held accountable and responsible for local government funds through their participation in the use or application thereof.”
By giving preference to EDWINLFI in the release of P25 million without stipulations in the memorandum of agreement, the cost estimates, and terms of reference with respect to the scope of services for the implementation of the provincial rice program, the Ombudsman held it was as good as permitting, through abandonment of negligence, the firm to take the government funds.
On the other hand, the charge against Soriano and Pine was due to their personal and deliberate participation in the transactions.
Acting Chief Justice Antonio Carpio and Associate Justice Diosdado Peralta and Estela Perlas-Bernabe concurred in the ruling.
The charges against Padaca, an ally of President Benigno Aquino, and the other Isabela officials were filed on the basis of a complaint made by former Isabela representative Santiago Respicio.
