CITY OF SAN FERNANDO – Ousted from office by the Ombudsman in 2023, former Mexico, Pampanga Mayor Teddy Tumang, along with seven co-defendants, has been acquitted by the Sandiganbayan of 64 counts of violating the RA 3019 (Anti-Graft and Corrupt Practices Act) and seven charges of malversation of public funds.
The 32-page per curiam decision (unanimous agreement) promulgated on Sept. 2, 2025 was signed by Presiding Justice Geraldine Faith Econg and Associate Justices Edgardo Caldona and Arthur Malabaguio.
The anti-graft court’s Second Division granted the defendants’ demurrer to evidence challenging the sufficiency of documents and testimony presented by the prosecution to prove allegations against them.
“(T)he prosecution has failed to discharge its burden to present sufficient evidence to support a verdict of guilt against all accused. Wherefore, premises considered, the Demurrer to evidence filed by the accused … is hereby granted,” the Sandiganbayan said.
The court likewise ordered the return of bail bonds posted by all the defendants as well as the lifting of hold departure orders previously issued against them.
Acquitted along with Tumang were municipal accountant Perlita Lagman, Bids and Awards Committee (BAC) chairperson Marlon Maniacup, BAC vice chair Jesus Punzalan, members Romeo Razon, Lucila Agento, Luz Bondoc, and private defendant Wiliam Colis, owner of private contractor Buyu Trading and Construction.
Based on criminal information filed by the Office of the Ombudsman in 2023, Tumang and the local government officials were accused of favoring Buyu Trading and Construction by choosing it as the supplier of construction materials for road projects in Mexico in 2009 through alternative procurement without conducting a public bidding. Tumang was thereafter ordered removed from office by the Ombudsman.
The Sandiganbayan said it was not convinced that the actions of the mayor and other municipal officials amounted to “manifest partiality, evident bad faith, and/or gross inexcusable negligence.”
“At most, the prosecution evidence points to violations of the procurement laws, which do not equate with violation of Section 3 (e) of RA No. 3019,” the court noted.
It also said the BAC explained in its resolution why it did not conduct a public bidding and resorted to shopping as an alternative mode of procurement, citing the urgent need for the materials because of the dismal road conditions.
The local officials pointed out that in 2009, many Mexico barangays had unpaved roads that were prone to flooding during heavy rains, thus creating emergencies that required immediate action.
With the limited budget of the municipal government, the LGU executives said they opted to speed up road repairs to facilitate the delivery of relief goods and emergency response.
The Sandiganbayan also said there was no evidence to show that the accused were motivated by malicious intent in awarding the contract to Buyu.
It further said the prosecution likewise failed to prove that the respondents took or misappropriated public funds.
It noted that even prosecution witness Engr. Marlon Macabali, municipal planning and development coordinator, testified that the materials for the road repairs were delivered to the intended barangays.
SC RULING
Earlier, the Supreme Court already affirmed the dismissal of the graft and malversation of public funds charges against Tumang and one other co-accused, citing violation of their right to speedy disposition of cases.
In a 14-page ruling penned by Associate Justice Samuel Gaerlan, the SC’s Third Division upheld the Sandiganbayan’s June 10, 2024 ruling that dismissed the charges filed by the Office of the Ombudsman (OMB) against Tumang and businessman William B. Colis, the owner of a construction company.
Promulgated last Feb. 17, 2025, the SC decision was made public last April 2.
The case stemmed from a complaint against Tumang and Colis for alleged violation of Section 3(e) of RA 3019 (Anti-Graft and Corrupt Practices Act), and Malversation of Public Funds under Article 217 of the Revised Penal Code. Punto News Team/With media reports
