CA clears 2 sacked cops in PNP helicopter deal

MANILA, Philippines - Two dismissed police officials have been cleared of involvement in an anomaly in the purchase of second-hand helicopters during the Arroyo administration.

The Court of Appeals (CA) 10th division reversed the Office of the Ombudsman’s orders in May and November 2012 dismissing   Superintendents Roman Loreto and Emilando Villafuerte.

Reporters obtained a copy of the decision yesterday.

The Office of the Ombudsman had found Loreto and Villafuerte guilty of administrative charges of serious dishonesty and conduct prejudicial to the best interest of the service.

Granting the petition of the two, the CA ruled that the Office of the Ombudsman erred in finding that they were part of a conspiracy to dupe the government through the purchase of second-hand helicopters in violation of the PNP procurement rules.

“In the present case, no records will show that petitioners took part in the alleged conspiracy,” read the CA decision.

“They were not signatories of any document pertaining to the procurement of the three helicopters. The petitioners were neither part of the team who inspected the procured helicopters nor were they signatories in the disbursement vouchers for the payment of the said helicopters. Hence, there is no direct evidence that will link them to the alleged conspiracy.”

The CA rejected the Office of the Ombudsman’s argument that the silence of petitioners could be construed as participation in the alleged anomaly.

It cited Loreto’s evidence by showing that he was not present in the June 15, 2009 negotiation that led to the awarding of the supply contract.

Villafuerte had no role in the approval of the deal, although he was present during the negotiation as he was merely instructed to prepare the supply contract, the CA added.

The CA said the duties of the Bids and Awards Secretariat, of which the two were members, did not involve making decisions or reviewing any documents.

“Their functions only consist of facilitating the bidding process, center of communication and custodian of procurement documents,” read the decision. “These functions are ministerial in character (and) serve as administrative support for the BAC.”

Only the members of the BAC are authorized to decide on matters pertaining to the bidding and procurement, the CA said.

Associate Justice Elihu Ybanez wrote the decision. Associate Justices Isaias Dicdican and Carmelita Manahan concurred.

In 2013, the CA exonerated former PNP Special Action Force commander Director Leocadio Santiago Jr. and Chief Superintendent Luis Saligumba after the Office of the Ombudsman   found them administratively liable in connection with the questionable deal.

 Meanwhile, two of retired PNP chief Avelino Razon Jr.’s co-accused in the graft and malversation case linked to the alleged ghost repair of police vehicles in 2007 and 2008 have posted bail.

The Sandiganbayan denied the petition for bail of Razon and 14 other accused.

Retired deputy director general Reynaldo Varilla and director Charlemagne Alejandrino posted bail of P200,000 each for the malversation case and another P30,000 for the graft charge.

They personally posted bail before the Sandiganbayan yesterday, where they underwent the usual process of having their fingerprints taken and submitting photographs.  – With Michael Punongbayan