MANILA, Philippines — The Sandiganbayan First Division has acquitted Samar Rep. Milagrosa Tan of graft and fund misuse charges for the alleged purchase at an overprice of medical and dental supplies worth P69 million in 2007.
The antigraft court division said the prosecution failed to prove Tan’s guilt beyond reasonable doubt.
Also acquitted were Tan’s coaccused Roselyn Larce, Bienvenido Sabenecio Jr., Francasio Detosil, Ariel Yboa, Rolando Montejo and George Abrina.
No license
Tan and her coaccused had been charged with defrauding the government of at least P69 million through the purchase of medicines and dental supplies from Zybermed Medi Pharma, a company with no license to operate in Catbalogan City in Samar.
Presented in court was a Commission on Audit (COA) report which concluded that the Zybermed deal was “unnecessary and nonresponsive to the exigencies of the service.”
Not evidence
In the 48-page decision penned by Associate Justice Geraldine Faith Econg, the division said the prosecution failed to prove that the deal was disadvantageous to the local government of Samar.
The court said no evidence was presented to show that the medicines and other supplies were overvalued other than the COA report.
The conclusion in the COA report, the ruling said, “does not necessarily mean” that the deal was “openly and shockingly disadvantageous to the government.”
Tan had already been convicted earlier this month by the Fourth Division of the Sandiganbayan of eight counts of graft.