Echiverri cleared of graft, falsification raps

MANILA, Philippines — The Sandiganbayan has acquitted former Caloocan City mayor Enrico Echiverri of graft and falsification charges in connection with the procurement of P25.816 million worth of group life insurance policies for barangay officials in 2013.

Echiverri was specifically acquitted by the court’s Sixth Division of one count of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and two counts of falsification of public documents under Article 171 of the Revised Penal Code.

Also acquitted of graft and falsification charges were former city administrator and bids and awards committee chairperson Russel Ramirez, former city accountant Edna Centeno, former city treasurer Evelina Garma and former city budget officer Jesusa Garcia.

The Sixth Division said the prosecution panel of the Office of the Ombudsman failed to establish the guilt of Echiverri and his co-accused despite presenting multiple witnesses.

“Truth is established not by the number of witnesses but by the quality of their testimonies... Notably, the prosecution’s phalanx of 15 witness, plus 11 rebuttal witnesses, fails to convince,” the Sixth Division’s 90-page decision, promulgated on Tuesday, read.

The court said none of the witnesses presented by the prosecution had personal knowledge of the transactions.

Furthermore, the court said “conspiracy had not been established beyond reasonable doubt” among Echiverri and his co-accused.

Filed by the ombudsman in 2018, the cases stemmed from the city government’s procurement of two group life insurance policies amounting to P12.910 million and P12.906 million or a total of P25.816 million from Beneficial Life Insurance Co. Inc. (BENLIFE) in 2013.

The insurance policies were intended to cover the barangay officials and barangay tanods or peacekeepers of the city.

The ombudsman, however, said the procurement was made without public bidding and despite lack of prior authorization and itemized appropriation ordinance from the city council.

The Sixth Division, in acquitting Echiverri and his co-accused, cited Ordinance No. 0488 s. 2012, in which the city council appropriated a total of P587.459 million for the Caloocan City’s Special Activities Fund for 2013.

The court sided with the defense’s argument that a prior resolution passed by the city council identified the group life insurance coverage of barangay officials and barangay tanods as among the special activities of the city government for 2013.

The Sixth Division added that the “contract between Caloocan City, through Echiverri, and BENLIFE is a square deal and is aboveboard.”

The court said this was proven by the price canvasses and limited source biddings conducted by the city government, wherein BENLIFE was found to have offered the most “value-for-money” packages.