MANILA (UPDATED) — The Sandiganbayan has found former Quezon City mayor Herbert Bautista and former city administrator Aldrin Cuña guilty of graft.
The decision stemmed from the case involving the release of P32.107 million in full payment to an IT firm for the procurement of an online occupation permitting and tracking system in 2019.
Bautista allegedly entered into a contract and approved the release of the full amount despite incomplete delivery of the project and the absence of a specific appropriation ordinance enacted by the Sangguniang Panglungsod.
In a 148-page decision promulgated on Monday, the Special Seventh Division found Bautista and Cuña guilty beyond reasonable doubt of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act.
“In this case, all of the elements of violation of Section 3 (e) of RA.3019 obtained for accused Bautista and Cuña in relation to their facilitation of full payment to Geodata for the Project, despite the fact that complete delivery was yet to be made. Their conviction is thus warranted,” it said.
“In this case, while there was a lack of proof showing actual damage to the government, the prosecution’s evidence clearly showed that the accused unjustly favored Geodata by facilitating payment when delivery was not complete. Undoubtedly, this qualifies as the second mode of Violation of Section 3 (e) of RA. 3019,” the anti-graft court added.
It said the existence of a conspiracy between Bautista and Cuña and manifest partiality to the IT firm was established. “All that was necessary to release the full payment of PHP 32,107,912.50 to Geodata was the full consent of accused Bautista and accused Cuña, who respectively held the high rank of City Mayor and City Administrator. Certainly, payment could not be approved without the hand of accused Bautista in signing the Purchase Request and the authorization by accused Cuña in the release of the check,” the court said.
“The respective acts of accused Bautista and Cuña to approve and release public funds established their manifest partiality to Geodata. Indubitably, at the time Geodata received full payment for the OOPTS, it failed to deliver all of the itemized components of the Project, as evidenced by the fact that the occupational permitting system was afflicted with glitches and could not function online,” part of the decision stated.
In a statement, Bautista’s lawyer said they intend to file a motion for reconsideration.
“We are deeply saddened by the decision of the Sandiganbayan Seventh Division against Former Quezon City Mayor Herbert Constantine M. Bautista. We maintain his innocence and assert that no act constituting the offense was committed. Notably, the vote was split 2-1, highlighting reasonable doubt,” said Atty. Nilo Divina.
“Evidence presented in the trial confirmed the project was delivered and received by the Quezon City Government, with payment made by the succeeding administration. Mayor Bautista did not financially benefit from the project, and no harm or injury was incurred by the city or its people,” he added.
“We will file a motion for reconsideration, hopeful that a thorough review of the evidence will affirm his innocence.”
ARIAS DOCTRINE
Bautista invoked the Arias doctrine in approving the disbursement voucher, saying he “placed complete trust in the competency of his subordinates” for the approval. Cuña claimed he reviews all documents before signing a check. Arias doctrine indicates that “all heads of offices have to rely to a reasonable extent on their subordinates and on the good faith of those who prepare bids, purchase supplies, or enter into negotiations,” the Supreme Court said.
However, the General Services Department’s inspection report and the IT Equipment Inspection report had remarks on delivery and submission.
The Sandiganbayan “gave more credibility” to the notion that the software was not delivered and that the Arias Doctrine cannot be applied.
“Even if the beneficial user was intended for another office, at this instance, the BPLD, accused Bautista could not just take a hands-off approach and relinquish the entire implementation of the project to another. This runs counter to the accountability of the public office. It was for this reason that accused Bautista initiated the procurement process of the OPPTS through the City Administrator, or accused Cuña,” it said.
The anti-graft court said there were “visible red flags” and that the online system operating without the software application defied the purpose of the project.
The Special Seventh Division added that the acts of Bautista and Cuña constituted “unwarranted benefit, advantage, or preference” for the IT firm.
In April 2023, the Sandiganbayan denied Bautista’s motion for leave to file demurrer to evidence, saying “the facts alleged Information, if hypothetically admitted, would establish the essential elements of the offense charged.”
The anti-graft court also denied the motion to dismiss filed by Bautista in June 2023, saying incomplete pre-trial documents are not grounds for dismissal.
PERPETUAL DISQUALIFICATION
The Special Seventh Division sentenced Bautista and Cuña to an indeterminate penalty of six years and one month as minimum to 10 years maximum.
They will also face perpetual disqualification from holding public office. “While evidence in this case strongly showed that it was through accused’s acts that Geodata was fully paid of the supply contract before it could even make a complete delivery of the OOPTS, fact is, prosecution evidence has not even shown that accused Bautista or accused Cuña has pecuniarily gained from the payment made to Geodata to be ordered to make a full restitution of the amount paid,” the Sandiganbayan said.
“No civil liability will be adjudged at this instance considering that the amount of PHP 32,107,912.50 cannot be directed to be paid by either accused, the same having been received in full by a private party which is not a party to this case,” it added. (P. Javier, abs-cbn news)
