Joey Marquez cleared in P6.4-M textbook graft case

Former Parañaque mayor Joey Marquez and two former city officials were cleared of charges of graft and estafa related to the purchase of more than P6.4 million worth of textbooks for Parañaque’s high schools and elementary schools in 1998.

The Sandiganbayan also chided private complainant Lizabeth Carreon for using the court as a “collection agent.”

In dismissing the case, the anti-graft court said the evidence against Marquez, Rolando Magno and Mar Jimenez were not sufficient to prove they had committed the offenses charged.

“At the forefront of these two cases is the issue of whether the prosecution has established injury to the textbook suppliers namely, Kejo Educational System, Merylvin Publishing House and Southern Christian Commercial,” read the decision.“There was no injury suffered by the textbook suppliers as they had already been paid.”

The Sandiganbayan decided the case against Marquez, Magno and Jimenez based on the evidence presented by the prosecution.

It had granted the motion of the three for a demurrer to evidence, which means that they had waived their right to present evidence on the belief that the prosecution’s evidence was too weak to convict them.

The anti-graft court also ruled that Carreon had no legal personality to file the case since she was a mere agent of the textbook suppliers. “Logically, the complainants in these cases should be the suppliers of the textbooks,” read the decision.

“However, the prosecution’s evidence showed that the complainant was Lizabeth Carreon, a commission agent, and not the textbook suppliers.”

During the trial, Carreon admitted she had no authority to demand payment from the city government of Parañaque on behalf of the textbook suppliers or to file a complaint on their behalf.

“Quite obviously, complainant Lizabeth Carreon is trifling with the (Office of the) Ombudsman and this Court by using these institution as collection agencies,” read the decision.

“This actuation on the part of complainant is deplorable and the Court will not give her relief.”

There was no dispute as to the regularity of the purchase of the textbooks as it was covered by corresponding City School Board resolutions, according to the anti-graft court.

In two charge sheets, the Office of the Ombudsman accused Marquez, Magno and Jimenez of causing injuries to the textbook suppliers “by falsely pretending” that the purchase of the textbooks are regular and proper.

Marquez was earlier convicted by the anti-graft court in a separate case involving the purchase of walis ting-ting (brooms).

The decision, written by Associate Justice Francisco Villaruz Jr., was promulgated on Dec. 22, 2008. Associate Justices Efren de La Cruz and Norberto Geraldez concurred with the decision.

The parties obtained copies of the decision yesterday. Marquez was represented in the case by lawyer Federico Alday Jr.