MANILA, Philippines—Former Parañaque Mayor Joey Marquez is off the hook in the case of an allegedly anomalous textbook purchase worth P6.4 million in 1998.

The Sandiganbayan found insufficient evidence to continue to try the comedian-politician for graft and estafa (fraud) in connection with the textbook purchase, unlike in another graft case where he was convicted in 2007 for overpricing broomsticks and sentenced to the maximum 50 years in prison. The latter case is under appeal.

In dismissing the latest charges against Marquez and two other former city officials, the anti-graft court’s Third Division said the complainant and prosecution witness Lizabeth Carreon was merely using the Ombudsman and Sandiganbayan as collection agencies.

The other respondents were former city school board co-chair Rolando Magno, former mayoral executive assistant Mar Jimenez and assistant Antonette Antonio.

Antonio is at large and the court ordered the cases against her archived “subject to revival” when she is arrested or surrenders.

State prosecutors accused Marquez and the three others of inducing Carreon to deliver textbooks worth P6,412,201.91 to the City School Board by making it appear the purchase was regular and proper.

The prosecution claimed there was no appropriation for the purchase of the books.

But the court found otherwise from witnesses, who included Flordeliza Factor, then city school board secretary, who testified that city council resolutions were duly passed for the purchase of the textbooks after elementary and high school principals in the city had asked for them.

“Both the prosecution and defense admitted the existence, due execution and veracity of the board resolutions, thus it is undisputed that the purchase of the textbooks was regular,” the court ruled.

In the demurrer to evidence Marquez filed, he argued that Carreon was not the injured party and that she was not authorized by the suppliers to collect payment for the books from the city government.

In giving weight to Marquez’s petition to dismiss the cases, the court noted Carreon’s testimony that she had paid Antonio and a certain Aileen P800,000, which represented her (Carreon’s) commission.

She admitted to the court she planned to recover the amount from her textbook deliveries to the city government.

“Having failed to recover the amount she advanced, she filed a complaint against the accused with the Ombudsman in an attempt to recover the said amount,” the court said.