Sandigan junks lamppost case against Ouano

Cebu, Philippines — The Sandiganbayan has acquitted 11 respondents and dropped the charges against two others, including former Mandaue Mayor Thadeo Ouano, in the case involving the alleged anomalous supply and installation of street lights for the Association of Southeast Asian Nations Summit in Cebu in 2006.

Associate Justice Bayani Jacinto of the court’s Fourth Division said prosecutors failed to prove beyond reasonable doubt the guilt of accused Robert Lala, Marlina Alvizo, Pureza Fernandez, Agustinito Hermoso, Luis Galang, Ayaon Manggis, Marilyn Ojeda, Teresa Bernido, Hidelisa Latonio, Gregorio Omo, and Isabelo Braza.

"Based on the evidence presented by prosecution and the accused, the Court holds that the prosecution has failed to prove its case beyond reasonable doubt," reads Jacinto’s decision dated October 25, 2019.

The charges against Ouano and Restituto Diano were dropped by reason of death. Ouano died on August 24, 2015 while Diano passed away on February 26, 2016.

The issues that needed to be resolved were the following: Whether or not the lamppost contract was overpriced and whether or not the respondents conspired and exhibited bad faith or manifest impartiality in awarding the contract to Fabmik Construction and Equipment Supply Company, Inc. without competitive bidding.

Jacinto said none of the accused were proven to have influenced the approved budget of the contract and it was not shown that the other two bidders were spurious or otherwise influenced by any party.

Jacinto said these are enough to create serious doubts on the prosecution's theory that the contract was overpriced and that the accused have maliciously conferred unwarranted benefits to Braza, the president and chairman of the board of Fabmik Construction and Equipment Supply Company, Inc.

It was Braza’s company that installed the 89 lampposts at P50,000 per set under contract number 06HO0052.

Jacinto said the cash bond the respondents posted for their provisional liberty will be released subject to standard accounting and auditing procedures. He also ordered that the hold departure order issued against the respondents be lifted.

Jacinto’s decision was concurred to by Associate Justice Alez Quiroz and Associate Justice Reynaldo Cruz. JMO ( FREEMAN)