Calendar purchase of Tourism Department: SC clears Ace Durano of graft

CEBU, Philippines — The Supreme Court has cleared former secretary Joseph Felix Mari “Ace” Durano of graft charges over a case filed due to a P2.7 million worth calendar project close to 15 years ago when he was still head of the Department of Tourism (DOT).

In the decision, the SC gave more weigh on the innocence of Durano and of five others who were charged with him due to a P2.7-million tourism calendar project which allegedly did not go through proper bidding.

“Considering the circumstances in the instant case, the acquittal of Durano et al. is justified. The instant case involves Durano et al. procuring the project with the belief that the subject procurement was covered by the exceptions to the rule requiring public bidding as it involved proprietary rights in the artistic domain,” stated the SC ruling.

“Again, other than the mere violation of procurement laws, the prosecution did not present proof beyond reasonable doubt that Durano et al. gave unwarranted benefits, advantage, or preference through manifest partiality and/or gross inexcusable negligence. There was likewise no allegation or proof that the subject procurement was overpriced. Lastly, there was no allegation or proof that Durano et al. personally benefited from the project,” it added

“All told, there is no proof beyond reasonable doubt of the facts and circumstances evincing corrupt intent on the part of Durano et al. Thus, this Court is constrained to rule that the elements of the crime charged were not proven beyond reasonable doubt,” it further stated.

Those who were also cleared of the charges were former undersecretary Oscar Policarpio Palabyab; financial management service director Grace Reyes Yoro; bids and awards committee members Eduardo Alvarez Jarque Jr. and Adriana Mesa Flor; and legal affairs office director Evelyn Respicio Cajigal.

In a statement, Durano said that he’s happy that after so many years, a decision has been made, although he said he was not surprised by the decision as he was confident that they did everything by the book in the calendar project transaction.

“I had faith in the SC to see through the baseless accusation,” he said.

Durano brought the case before the SC after the Sandiganbayan in 2022, at the height of the election wherein he ran for governor of Cebu, released a decision affirming his conviction.

He said he was surprised by the Sandiganbayan ruling since two of the three cases filed against them were already dismissed.

The Office of the Ombudsman filed the graft case against Durano on March 22, 2019 for allegedly conniving with DOT officials in allegedly giving PDP Digital Inc. unwarranted benefits for “conceptualization and development” of the calendar “without competitive bidding.”

But Durano had stressed that the project, like their other projects, had gone through the proper process and was a response to the needs of the industry during that time. — /RHM (FREEMAN)