La Union mayor cleared of graft raps over deal
>> Friday, February 4, 2022
SAN FERNANDO CITY, La
Union -- – The Sandiganbayan recently
acquitted the incumbent mayor of this seaside city on graft charges arising
from a P38-million contract in 2018 for the rehabilitation of its plaza.
In a 22-page decision written by Associate Justice Lorifel Pahimna, the anti-graft court's Fourth Division, in clearing Hermenegildo Gualberto, said the prosecution failed to provide evidence that public bidding for the San Fernando City plaza upgrading project was undermined and likewise failed to "prove that the government suffered substantial damage".
It also said the prosecution failed to prove that Gualberto gave unwarranted preference or advantage to the contractor, JD Madrid Construction, under the contract agreement.
The anti-graft court also said Gualberto need not secure authorization from the Sangguniang Panglunsod since the transaction is covered by an earlier appropriation ordinance, citing precedents by the Supreme Court where the high tribunal said the need for authorization depends on the particular circumstances of a case.
The Dept. of the Interior and Local Government in March 2021, implemented a suspension order against Gualberto in connection with the case.
In 2020, the Court of Appeals (CA) rejected the Ombudsman's order for his dismissal from the service.
"In our criminal justice system, the overriding consideration is not whether the court doubts the innocence of the accused, but whether it entertains a reasonable doubt as to their guilt. Where there is no moral certainty as to their guilt, they must be acquitted even though their innocence may be questionable. The constitutional right to be presumed innocent until proven guilty can be overthrown only by proof beyond reasonable doubt," the court said. -- PNA
In a 22-page decision written by Associate Justice Lorifel Pahimna, the anti-graft court's Fourth Division, in clearing Hermenegildo Gualberto, said the prosecution failed to provide evidence that public bidding for the San Fernando City plaza upgrading project was undermined and likewise failed to "prove that the government suffered substantial damage".
It also said the prosecution failed to prove that Gualberto gave unwarranted preference or advantage to the contractor, JD Madrid Construction, under the contract agreement.
The anti-graft court also said Gualberto need not secure authorization from the Sangguniang Panglunsod since the transaction is covered by an earlier appropriation ordinance, citing precedents by the Supreme Court where the high tribunal said the need for authorization depends on the particular circumstances of a case.
The Dept. of the Interior and Local Government in March 2021, implemented a suspension order against Gualberto in connection with the case.
In 2020, the Court of Appeals (CA) rejected the Ombudsman's order for his dismissal from the service.
"In our criminal justice system, the overriding consideration is not whether the court doubts the innocence of the accused, but whether it entertains a reasonable doubt as to their guilt. Where there is no moral certainty as to their guilt, they must be acquitted even though their innocence may be questionable. The constitutional right to be presumed innocent until proven guilty can be overthrown only by proof beyond reasonable doubt," the court said. -- PNA
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