SC clears 2 former UP execs of graft

MANILA, Philippines - The Supreme Court (SC) has cleared two former top officials of the University of the Philippines-Diliman in a graft case involving the creation of a new academic center in 1995.

In an eight-page resolution released yesterday, the SC First Division reconsidered its ruling in July and granted the appeal of former UP Diliman chancellor Dr. Roger Posadas and former vice chancellor Dr. Rolando Dayco.

It set aside a Sandiganbayan decision in 2005 that found them guilty of violating Republic Act 3019 (Anti-Graft and Corrupt Practices Act) and Republic Act 6713 (Code of Ethics for Government Officials and Employees).

The SC ruling was penned by Associate Justice Roberto Abad.

The case stemmed from the establishment of the Technology Management Center (TMC), which offers a technology management graduate course on policy analysis and formulation for government, in 1995.

The Sandiganbayan ruled that Posadas and Dayco conspired to benefit from the project.

In its earlier ruling, the SC upheld the decision of the anti-graft court and found “conspiracy” between the two former UP officials to install Posadas, who was then the chancellor, as project manager for TMC, which would provide him with additional income.

The high court added that the respondent caused the government undue injury worth P336,000, which went to Posadas’ compensation.

It held that Posadas had assigned vice chancellor Dayco as chancellor in an officer-in-charge capacity when he traveled to China in 1995.

When Posadas returned, Dayco – still sitting as an OIC chancellor – appointed Posadas as project director and consultant.

This entitled Posadas to multiple compensation that included a P30,000 honoraria and P100,000 consultancy fee.

The Sandiganbayan had sentenced Posadas and Dayco from nine years to 12 years imprisonment and disqualification from public office.

But in its new ruling, the high court bought the petitioners’ defense that they were not given due process and were only victims of “university politics” since they were staunch critics of then UP president Emil Javier.

The July 17 decision was written by Associate Justice Martin Villarama Jr. and concurred in by Associate Justices Lucas Bersamin, Jose Mendoza and Bienvenido Reyes. Abad was the lone dissenter after a 4-1 vote.

In its latest ruling, Abad’s dissenting opinion became the majority decision after Reyes and Bersamin ruled in favor of the petitioners.

Abad and Mendoza were designated as additional members of the First Division because its members, Chief Justice Maria Lourdes Sereno, who is division chair, and Associate Justice Teresita Leonardo-de Castro, who is working as division chair, had both inhibited from the case.

Sereno used to teach in UP Diliman. De Castro was former presiding justice of the Sandiganbayan.