The Sandiganbayan on Friday acquitted Rep. Milagrosa Tan of Samar of a case involving the alleged purchase of P69 million worth of medical and dental supplies but on March 1 the anti-graft court convicted her on the anomalous purchase of P16.1 million worth of emergency supplies.
The anti-graft court’s First Division cleared Tan, Roselyn Larce, Bienvenido Sabenecio Jr., Francasio Detosil, Ariel Yboa, Rolando Montejo, and George Abrina of graft and malversation of public funds because the Ombudsman failed to prove their guilt beyond reasonable doubt.
In its decision on Friday, the Sandiganbayan ordered the release of the bail bonds of Tan and her companions and directed the Bureau of Immigration to remove them from the hold departure list.
The Ombudman accused Tan of taking advantage of her position as provincial governor when she purchased various drugs, medicines, and dental supplies from Zybermed Medi Pharma owned by private respondent Roselyn Larce between March 28 and Aug. 21, 2007.
However, on March 1, the anti-graft court’s Fourth Division convicted Tan for eight counts of graft over the alleged anomalous purchase of P16.1 million worth of emergency supplies.
Tan was allowed to post bail pending finality of the decision.
Zybermed, a Pasig City-based business, was not licensed to operate a business in Catbalogan City, according to the prosecution.
Prosecutors also told the court that the Commission on Audit ruled that the purchase in question was “unnecessary and non-responsive to the exigencies of the service.”
The court ruled, however, that there was no proof the contract with Zybermed had put Samar province at a disadvantage. It said the prosecution failed to compare the prices between Zybermed and other potential suppliers.
The court’s 67-page decision partly read: “There is no evidence that the drugs and medicines purchased were overvalued nor was there any showing of the accepted, appropriate or standard prices for the items. The court cannot merely speculate.”
It added that the purchased supplies were “successfully delivered and distributed to the constituents of Tan, who followed the regular bidding process for the procurement.”
The anti-graft court’s First Division also noted that the prosecution “had no other evidence against Tan and her co-accused aside from the findings of COA and its notice of disallowance on the transaction.”
While the court recognized the importance of COA audit reports, the court said that in this particular case, “it is insufficient to find an accused guilty of a crime,” saying: “Just because the purchases are considered by the COA to be unnecessary does not necessarily mean that it is openly and shockingly disadvantageous to the government.”
Associate Justice Geraldine Faith Econg wrote the decision. Associate Justices Efren dela Cruz and Edgardo Caldona concurred.
