Sandigan junks another graft case vs Recom

MANILA, Philippines — The Sandiganbayan has dismissed another graft case against former Caloocan City mayor Enrico Echiverri in connection with the alleged anomalous infrastructure projects during his term.

This is the fifth graft case dismissed by the Sandiganbayan out of 57 cases filed by the Office of the Ombudsman against Echiverri in 2017 and 2018. The ombudsman’s prosecution team has not won a single case against him so far.

All the cases stemmed from the alleged anomalous awarding of contracts from 2011 to 2013, for various projects such as drainage improvements, road concreting, construction of multi-purpose halls and installation of lighting systems.

In a 17-page resolution promulgated on Feb. 7, the court’s Second Division said the prosecution panel of the Office of the Ombudsman failed to present sufficient evidence to prove Echiverri and his two co-accused, former city accountant Edna Centeno and former city budget officer Jesusa Garcia, of graft.

Centeno and Garcia were also cleared of a separate charge of falsification of public documents.

The Second Division granted the demurrer to evidence filed by Echiverri, Centeno and Garcia praying for the dismissal of their cases without presenting their defense.

Filed by the ombudsman in 2017, the cases stemmed from the city government’s awarding of a P2.75-million contract to E.V. & E Construction (EVEC) for the improvement of the drainage system on Molave street in Pleasant View Subdivision in Barangay 165.

The ombudsman alleged that the contract was awarded when the project did not have the prior approval of the city council.

The ombudsman also claimed that Centeno and Garcia falsified documents to make it appear that the city council allocated a budget for the project.

The Second Division, in acquitting the three former officials, cited the Supreme Court (SC)’s Oct. 1, 2018 ruling affirming the findings of the Sandiganbayan’s First Division in a related case.

The SC cited City Ordinance No. 0464, passed on Jan. 20, 2010, enacting a P1.42-billion supplemental budget for 2010.

The High Court also cited City Ordinance No. 0465, passed on March 4, 2010, allocating the entire supplemental budget to fund city development projects.

“It bears stressing that the funds used to implement the project were duly set aside and for which ordinaces were enacted to earmark money therefor, and the contract with EVEC was duly authorized by validly enacted ordinances,” the Second Division said.

The resolution was penned by Associate Justice Lorifel Pahimna with the concurrence of Associate Justices Oscar Herrera Jr. and Michael Frederick Musngi.