MANILA, Philippines — A former accountant of the Department of Health (DOH) has been cleared of graft in connection with the alleged anomalous purchase of medicines in 1994.
In a 19-page decision, the Sandiganbayan Third Division granted former DOH-National Capital Region accountant and senior book keeper Enrique Perez’s demurrer to evidence, which prayed for the dismissal of his case of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The court said the prosecution team of the Office of the Ombudsman failed to present any documentary or testimonial evidence to prove the key elements of a graft offense.
“No iota of evidence was presented by the prosecution to prove that any injury to any party, including the government, was caused. Also, it was not duly proven by the prosecution that the purchases were made without justification in that these amounted to the giving of unwarranted benefit, advantage or preference to another,” the Third Division’s decision read.
Filed by the Office of the Ombudsman in 2004, the case stemmed from the DOH-NCR’s purchase of atropine and epinephrine drugs from supplier M.G. Generics Inc. amounting to P352,370.45 in October 1994.
The ombudsman said the supply contract was awarded to M.G. Generics Inc. without the conduct of public bidding, in violation of procurement rules.
Instead, the ombudsman said, Perez and his two other co-accused, then DOH-NCR director III Rosalinda Majarais and administrative officer Horacio Cabrera, resorted to direct contracting allegedly without any valid justification and proof that M.G. Generics was an exclusive distributor of the medicines procured.