THE SANDIGANBAYAN has acquitted former Vice Governor Dionisio Dajalos Balite and all the other accused in the graft case for violation of RA 3019 involving some top Bohol officials and the members of the Provincial Sanggunian for failure of the prosecution to prove their guilt beyond reasonable doubt.
In a decision promulgated on October 27, 2023, the anti-graft court acquitted Balite, former board members Jose Veloso, Felix Uy, Amalia Tirol, Ester Galbreath, Godofreda Tirol, Frances Bobbith Auza, and BAC Members Handel Lagunay, Edwin Vallejos, Abraham Clarin, Great Mende, Laura Boloyos and Felix Mejorada for violation of Sec 3(e) of RA 3019 or the anti-graft and corrupt practices act.
The Hold Departure Orders issued against them have been lifted and the bail bonds posted for their temporary liberty have also been ordered released.
PROCUREMENT OF BACKHOE
It may be recalled that during the administration of former Governor Erico Aumentado, the province procured 1 unit hydraulic excavator (backhoe) with breaker at a bid price of P9,410,560.00 in peso equivalent, with Cebu-based CMI as the lone bidder.
Aumentado requested, and was subsequently granted, by the Sangguniang Panlalawigan an enabling resolution that paved the way for Aumentado to open an Letter of Credit with PNB-Cebu in the same amount for the purchase of said item and to further authorize PNB-Cebu to debit all charges incidental to the opening and negotiation of the Letter of Credit against the standing account of the province with the bank.
The Ombudsman later on filed a case for violation of RA 3019 against all the accused but this was dismissed by the anti-graft court on technical grounds. This was subsequently re-filed and all the accused were indicted.
In the indictment sheet, the Ombudsman alleged that in the bidding documents of CMI, it was indicated in the Delivery and Completion Schedule that “a delivery schedule of not later than 120 days after receipt of the Letter of Credit as the mode of payment” knowing fully well that the use of a Letter of Credit as a mode of payment was expressly prohibited under the implementing rules of RA 9184 or the Government Procurement Reform Act.
Apart from the members of the BAC, the Ombudsman also charged the members of the provincial sanggunian because the issuance of the enabling resolution paved the way for CMI to be paid the purchase price of the backhoe, as well as the payment of all charges incidental to the opening and negotiation of the Letter of Credit in the amount of P74,498.00.
When arraigned, all the accused pleaded not guilty, hence trial dates were scheduled.
ACQUITTAL
In declaring Balite and the other accused as not guilty, the Sandiganbayan posited the view that the spirit that animates RA 3019 is corruption and cited Sec 3(e) of RA 3019 to wit: Section 3. e., Corrupt Practices of public officials – In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices… causing any undue injury to any party, including the government, or giving any party any unwarranted benefits, advantage or preference in the discharge of his official, administrative or judicial functions through manifest partiality, evident bad faith, or gross inexcusable negligence. This provision…..”
Glossing through the documents and the testimonial evidence presented during the hearing, the anti-graft court ruled that the action taken by the sangguniang panlalawigan was not tainted with evident bad faith, manifest partiality or even gross inexcusable negligence.
The Court also observed that the Bohol SP did not have notice that there was an irregularity in the bidding process because they were not privy to the bid documents, including the letter-request of then Governor Aumentado.
The Court also stressed that the lack of participation of Balite in the passage of the questioned resolution negates their infraction.
“As viewed from the records, accused Balite being the presiding officer when the resolution was passed is not allowed to vote thereon pursuant to Rule 1.8 of the Internal Rules of Procedure of the Bohol SP. In the absence of a concrete proof that the signature appearing in the voting sheet parallel to the name of Balite to be his, there is no justification for the court to conclude that he casted a vote for the passage of the said resolution.”
While the Sandiganbayan noted resulting injury when the Bohol SP allowed PNB-Cebu to debit from the account of the province the incidental expenses for the opening of the Letter of Credit, nonetheless, the Court noted that mistakes committed by public officers are not actionable absent any clear showing that they were motivated by malice or gross inexcusable negligence.
The Court said the members of the Bohol SP acted in good faith and were not motivated by some evil scheme to profit or a corrupt intent to extend any favors to CMI.
The Sandiganbayan also noted the failure of the prosecution to prove conspiracy.
“This is not to say that the court condones the procurement irregularity committed by the herein accused. Stated differently, the acquittal of the herein accused is not meant to allow a wrongdoing to go unpunished. But it needs to be understood that while holding public officers accountable is a laudable objective, the same must be achieved within the bounds of the law,” the Court resolved, citing current jurisprudence.
GRATEFUL
When contacted by the TIMES for comments, former Vice Governor Balite expressed elation and profuse thanks to the Lord Almighty for not only sparing him from further legal stress but also from granting his fervent prayers for exculpation.
“Dako kaayo ang akong kauwaw ug kahiubos nga bisan nagtinarong ko sa akong panerbisyo sa katawhan, nakasohan lang gihapon ko og pangurakot. Maayo na lang nga napamatud-an gyod human sa taas-taas nga panahon nga wa gyod mi nahimong kasal-anan sa among trabaho sa Bohol SP,” Balite said.
He also thanked his lawyers, the Marcelo, Cruz and Tenefrancia Law Firm, especially the litigation team led by Atty. Elmar Galacio, Atty. Norvin Ralph Jalipa, Atty. Karina Mae Garcia and Atty. Kristine Venzuela.
“Wa gyod ko pasagdi sa akong mga abogado, labi na gyod ang akong pag-umangkon nga si Elmar Balite-Galacio nga wa gyoy hunong sa pagtuon sa kaso ug pagpangita og paagi nga mapamatud-an nga wa gyod mi sala sa Bohol SP.”
The former vice governor also thanked his friend and Bohol SP Secretary Bonifacio Quirog Jr. for testifying and explaining his role as the then presiding officer of the Bohol SP at that time, in proxy to Vice Governor Julius Caesar Herrera, who was then on official leave.
During trial, Quirog testified that as presiding officer, Balite did not make any affirmative vote for the approval of the questioned resolution, he votes only to break a tie, he stays neutral and did not even sign the affirmative column of the voting sheet.
