Sandiganbayan in Quezon City. (File photo by NIÑO JESUS ORBETA / Philippine Daily Inquirer)
MANILA, Philippines — The Sandiganbayan’s Third Division has acquitted former Caloocan City Mayor Enrico Echiverri and two of his city officers of graft and falsification of public documents charges over P38.97 million worth of infrastructure projects.
Echiverri, former city accountant Edna Centeno and former city budget officer Jesusa Garcia were charged with 13 counts of graft and 13 counts of falsifying public documents for allegedly awarding contracts without the authorization of the city council.
The Office of the Ombudsman, in filing the charges against the accused in 2017, had accused them of causing “undue injury” to the city government by approving in 2012 allegedly irregular contracts for road maintenance and beautification projects.
Sufficient authority
In a 70-page resolution on Oct. 14, the antigraft court cited a decision by the Commission on Audit en banc which said that Echiverri, as Caloocan mayor, had sufficient authority to transact and approve contracts even without the city council’s authorization.
The Sandiganbayan also pointed to the city development council resolution allotting P280.479 million worth of development programs, projects and activities for Caloocan, which could “serve” as Echiverri’s authority to initiate projects from the city’s annual budget.
“Simply stated, the award of the subject contracts to the various contractors went through the regular process of public bidding,” read the resolution penned by Presiding Justice Amparo Cabotaje-Tang, also the division chair.
Allegations unproven
Associate Justices Bernelito Fernandez and Ronald Moreno concurred with the resolution.
The antigraft court also stressed that the Ombudsman failed to prove that the certifications made by Centeno and Garcia, in their former capacities in the city, were false since their actions were supported by the local government’s issuances.
“In these cases, the court finds that the prosecution has failed to discharge the said burden,” the resolution stated in granting the demurrer by the accused.
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