SC reverses guilty verdict on 2 ex-UP execs in graft case

UP Diliman. FILE PHOTO

MANILA, Philippines—The Supreme Court has reversed itself when cleared two former top officials of the University of the Philippines in Diliman after they were found guilty of graft and corruption and grave misconduct.

In its ruling written by Associate Justice Roberto Abad, the high court has cleared Dr. Roger Posadas and Dr. Rolando Dayco, former chancellor and vice-chancellor of UP Diliman, respectively.

“Wherefore, the Court resolves to grant the motions for reconsideration of the petitioners and to vacate their conviction on the ground of failure of the State to prove their guilt beyond reasonable doubt,” the high court said.

The two was convicted by the Sandiganbayan on June 28, 2005.

The anti-graft court’s ruling was affirmed by the high court on July 17, 2013.

Associate Justice Martin Villarama who authored the July 17, 2013 ruling said Posadas and Dayco failed to live up to the constitutional principle that public office is a public trust.

The case stemmed from Dayco’s appointment of Posadas as both project director and consultant in the establishment of the Technology Management Center. The appointments caused a controversy because at that time Dayco was the chancellor in an officer-in-charge capacity, having been designated so by Posadas, who was then on an official trip to China. The appointments also did not have the authorization of the UP board of regents.

The Technology Management Center was to offer master’s degree in technology management through an interdisciplinary program that combined business management, engineering, and the social and physical sciences.

Upon the complaint of the board, the Ombudsman sued Posadas and Dayco for violations of Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, and of Section 7 (b) of RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.

In June 2005, the Sandiganbayan sentenced the two to suffer 9  to 12 years in jail for violating RA 3019 or the Anti-Graft Law and five years in jail for violating RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees. They were ordered to reimburse the government the P360,000 in salaries and consultancy fees paid to Posadas for his illegal appointment. They were also meted out perpetual disqualification from public office.

The high court, after taking a second look, however said “all indications are they acted in good faith. They were scientists, not lawyers, hence unfamiliar with Civil Service rules and regulations. The world of academe is usually preoccupied with studies, researches and lectures. Thus, those appointments appear to have been taken for granted at UP.”

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