CITY OF SAN FERNANDO – “Having found no cogent reason to reverse its findings in the assailed resolution, the Court must perforce deny the prosecution’s motion for reconsideration.”
Thus, the Sandiganbayan affirmed its ruling dismissing graft and malversation charges against former Mexico Mayor Teddy C. Tumang and seven other officials for alleged irregular procurement of construction materials for road repairs in 2009 and 2010.
In its six-page resolution issued on Dec. 12, the Sandiganbayan denied the motion filed by the prosecution to reverse the Sept. 3 ruling that granted the demurrer to evidence filed by Tumang and his co-accused.
With the grant of the demurrer to evidence, Tumang and his co-accused – municipal accountant Perlita T. Lagman, municipal planning and development coordinator Marlon De Leon Maniacup, municipal agriculturist Romeo C. Razon, municipal budget officer Lucila M. Agento, municipal engineer Jesus S. Punzalan, and administrative officer Luz C. Bondoc, along with Buyu Trading and Construction owner William B. Colis — were cleared of 64 counts of graft and seven counts of malversation of public funds.
They had been accused of conspiring with one another in the purchase of base course materials for a road improvement project in Barangay Eden, Mexico without undergoing public bidding and that the purchased materials did not even reach the intended recipients, therefore causing damage and prejudice to the government.
The prosecution had argued that the anti-graft court erred in ruling that there was no sufficient evidence presented by the prosecution and that the ruling was a “gross misapprehension of facts” which are “unfounded, speculative or arbitrary.”
Standing pat on its ruling, the Sandiganbayan said: “The Court stands firm on its findings contained in its assailed Resolution.
The prosecution failed to adduce new substantive arguments to convince the Court to reconsider and set aside its findings that the prosecution did not provide sufficient and competent evidence to support a conviction.”
The resolution was penned by Presiding Justice Geraldine Faith A. Econg with the concurrence of Associate Justices Edgardo M. Caldona and Arthur O. Malabaguio. Punto News Team/From media reports
