MANILA, Philippines — The Sandiganbayan has denied a bid by former Senior Police Officer 4 Ma. Linda Padojinog to dismiss the graft case against her that stemmed from the Philippine National Police’s (PNP) purchase of allegedly overpriced, second-hand helicopters in 2009.
The court’s Seventh Division, in a minute-resolution dated Feb. 21, said that the Supreme Court (SC)’s dismissal of an administrative case against Padojinog in connection with the same helicopter purchase deal is not a valid ground for dismissing the criminal case against her.
“Since the administrative case and the criminal case are separate and distinct from the other, the dismissal of one does not warrant the dismissal of the other,” the Seventh Division’s resolution read.
The Seventh Division noted that some pieces of documentary evidence presented in the criminal case against Padojinog and other accused PNP officers were not presented in the administrative case of serious dishonesty and conduct prejudicial to the best interest of the service against Padojinog, which was dismissed by the SC on Oct. 13, 2021.
Audit report
Among the key pieces of evidence in the criminal case, the Seventh Division said, was a special audit investigation report on the direct negotiation for the helicopters as well as on the “perceived anomaly” in the inspection and acceptance of these helicopters.
The court pointed out that the criminal case against Padojinog and the 10 other former police officers involves the allegation of conspiracy, so the appreciation of facts must no longer focus on her liability alone.
Aside from Padojinog, also accused in the case were former PNP chief Jesus Verzosa and nine other former police officers: Avensuel Dy, Romeo Hilomen, Roman Loreto, Claudio Gaspar Jr., Ronald Roderos, Leocadio Salva Santiago Jr., Ermilando Villafuerte, Job Nolan Antonio and Ruben Gongona.
Filed by the Office of the Ombudsman in 2012, the case involves the alleged violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The case stemmed from the PNP’s purchase of three helicopters from Manila Aerospace Products Trading Corp. in 2009, which included two standard Robinson R44 Raven I light police operational helicopters worth P62.672 million and one fully equipped Robinson R44 Raven II LPOH worth P42.313 million.
The ombudsman said a resolution issued by the National Police Commission in 2008 required that the three helicopters to be purchased by the PNP should be brand new.
The ombudsman said its investigation revealed that only the Robinson R44 Raven II was brand new while the two Robinson R44 Raven I were pre-owned by former first gentleman Mike Arroyo.
The ombudsman said there was an overpayment of about P34 million.
The ombudsman said the respondent police officers, who were then members of the PNP’s inspection and acceptance committee, conspired to make it appear that all the delivered helicopters were brand new.
Arroyo, husband of former president and now Pampanga Rep. Gloria Macapagal-Arroyo, had earlier argued that the ombudsman’s prosecution team failed to prove his ownership of the subject helicopters even as the transactions were traced to Asian Spirit LTA Inc.
Arroyo maintained that he no longer had any connection with Asian Spirit as he had divested his shares in the company three years before the sale of the helicopters.
In a decision dated Dec. 1, 2021, the SC granted Arroyo’s appeal to be dropped as co-accused in the case.