MANILA, Philippines — The Sandiganbayan has granted the motion of the Office of the Ombudsman to withdraw the graft cases it filed in 2017 against former Philippine Coast Guard (PCG) commandant Vice Admiral Rodolfo Isorena and 24 other former and incumbent officials of the agency in connection with the alleged anomalous procurement of materials worth P68 million.
The court’s Fourth Division has found merit in the reasons cited by the ombudsman’s prosecution panel in praying for the withdrawal of cases – among them the insufficiency of evidence and the Court of Appeals (CA)’s dismissal of the administrative cases, which stemmed from the same facts and circumstances as the criminal cases pending at the Sandiganbayan.
The Fourth Division cited a previous ruling by the Supreme Court (People vs Sandiganbayan), in which the high tribunal said it would be “futile” to continue with the trial of a criminal case that will be prosecuted based on the same facts and evidence as that of the administrative case already dismissed for lack of evidence.
Isorena is facing 25 counts of violation of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices.
Named as his co-accused in the cases was another former PCG commandant, Rear Admiral William Melad, as well as three other former ranking officials – Commodore Aaron Reconquista, Rear Admiral Cecil Chen and Commander John Esplana.?Also included in the cases were incumbent PCG Commanders Rommel Supangan, George Ursabia Jr., Ferdinand Velasco, Wilfred Burgos and Allen Dalangin; Rear Admirals William Arquero, Jude Thaddeus Besinga, Roben de Guzman, Enrico Efren Evangelista Jr., Ferdinand Panganiban, Joselito Quintas and Ivan Roldan; Captains Joeven Fabul, Angel Lobaton IV, Christopher Villacorte, Angelito Gil and Ramon Lopez; Lieutenants Mark Larsen Mariano and Mark Franklin Lim II; and accounting head Rogelio Caguioa.
Futhermore, the Fourth Division said its own assessment also shows insufficiency of evidence to prove the guilt of the accused.
“Applying the foregoing jurisprudence to the present criminal cases which were founded on the same set of facts and evidence as in the dismissed administrative cases and considering the Court’s finding of absence of sufficient evidence on record... the Court resolves to grant the withdrawal of the (case) Informations and Amended Informations prayed for by the prosecution,” Fourth Division’s ruling read.
“Accordingly, the said cases against the accused are dismissed,” it added.
The ruling was penned by division chairman Associate Justice Alex Quiroz with the concurrence of Associate Justices Bayani Jacinto and Lorifel Pahimna.
With their acquittal, the court ordered the release of the bail bond that the former PCG officials previously posted for their provisional liberty. The court also ordered the lifting of the hold departure order (HDO) that it earlier issued against them.
Based on the case information sheets filed by the ombudsman in December 2017 and amended in June 2018, the accused PCG officials conspired to avoid a public bidding in connection with the purchase of several supplies amounting to P68.041million.
The ombudsman said the procurement of cellphone call cards, regular office supplies, cleaning materials, hardware, grocery items, construction materials and IT equipment were instead split into several small-value transactions from February to May 2014 in order to do away with public bidding required under RA 9184 or the Government Procurement Reform Act.