Sandiganbayan clears Tupas in-laws for graft in quarry case

Niel Tupas Sr. SCREENGRAB from Facebook

MANILA — More than a year after his death, former Iloilo governor Niel Tupas, Sr., was vindicated after the Sandiganbayan acquitted his son’s in-laws over the undue favor they allegedly obtained from him for a quarrying project during the construction of the Iloilo International Airport.

In a 23-page decision, the anti-graft court’s First Division cleared Marianito Montesclaros, Esther Montesclaros, Mariano Rico Montesclaros, Maita Montesclaros-Gue, and Totsy Montesclaros-Dueñas.

Also acquitted was businessman Melvin Requinto, the original owner of the rock crushing plant operated by the Montesclaroses. Requinto was allegedly “used” by the family to secure the quarrying permit from Tupas in 2004.

The court said there was a lack of evidence to show that Tupas’ issuance of a permit to Requinto was anomalous and dismissed as “speculation” the alleged motive to benefit the Montesclaros family.

Prosecutors said that after Requinto secured the permit, he entered into an agreement for the M. Montesclaros Enterprises, Inc., to take over his rock crushing plant.

Using the plant, the Montesclaroses were then able to enter into a P63-million subcontract agreement with the Taisei-Shimizu Joint Venture, the winning contractor of the new Iloilo airport.

The Montesclaros family were related to Tupas as Marianito is the father of Binky April Montesclaros-Tupas, the wife of the former governor’s son, current Iloilo 5th Dist. Rep. Raul Tupas.

Although Tupas’ November 2015 death extinguished any criminal liability on his part, the court had to examine his actions because the alleged conspiracy with the Montesclaroses is anchored on his allegedly irregular issuance of the quarrying permit to Requinto.

The court said there was “no basis” for the claim that Tupas violated the mining law and various regulations when he issued the industrial sand and gravel (ISAG) permit allegedly despite Requinto’s lack of experience and technical capability.

It cited how Requinto’s application received the endorsement of the Provincial Environment and Natural Resources Office (PENRO) and the Provincial Mining and Regulatory Board (PMRB), which evaluated and deliberated on it.

The evidence on record did not show Tupas’ intention to favor Requinto, the court said, because his approval merely affirmed the findings of the responsible government agencies. Tupas also benefited from the presumption of regularity in the absence of evidence.

“The circumstances under which the application was granted suggest that the proper procedure for its approval was followed,” the decision read.

“[This] contradicts the assertion of the prosecution that accused Tupas, Sr., exhibited manifest partiality, evident bad faith or gross inexcusable negligence in the grant thereof.”

The court also said the prosecutors’ claim of an ulterior motive to favor the Montesclaroses “remains to be unproven” for lack of evidence. Such an assertion would “require quite a stretch of imagination” that it said it would be “unwilling to indulge.”

It described as “unfounded” the claim that Tupas knew of the Montesclaroses’ plan to “use” Requinto’s permit to obtain the sub-contract agreement from the airport joint venture.

“It is sheer speculation to ascribe such corrupt intent against accused Tupas, Sr., solely from the fact that he is a relative by affinity of the accused Montesclaros, et al,” the decision read.

Justice Reynaldo Cruz penned the decision, with the concurrence of Justices Efren de la Cruz and Michael Frederick Musngi.

While facing his criminal cases before the Sandiganbayan, Tupas, a close ally of former President Benigno Aquino III in the Liberal Party, died at the Philippine Heart Center in Quezon City on Nov. 24, 2015, due to multiple organ failure brought about by prostate cancer.

Besides the quarrying permit issue, Tupas at the time was set to be tried for graft over the questionable payment of P4 million to Green Core Geothermal, Inc., for unused electricity from 2009 to 2010.  SFM