Sandigan junks P12-M graft case vs. ex-LRTA chief Robles, 12 others

The Sandiganbayan has junked the P12-million graft charges against former Light Rail Transit Authority (LRTA) administrator Melquiades Robles and 12 others due to lack of evidence.

The case was in connection with a 2009 joint venture agreement (JVA) that LRTA entered into with COMM Builders and Technology, Inc.-PMP, Inc. Gras Saobracaj for the maintenance of LRT Line 1 System.

In an 18-page ruling dated November 20, the anti-graft court's Fifth Division said original copies of the documents showing the commitments made under the JVA between the two parties under Robles’ watch—which include deployment of 321 janitors—have not been presented by the prosecution. This, the court said, dealt a fatal blow to the case.

“Considering that there is no conclusive evidence to establish 321 janitors were agreed upon, the monthly payment of P3.37 million [for year 2009] alleged in the information to have been paid to the Joint Venture for their services also has no leg to stand on,” the court said.

The Sandiganbayan also cited that journal entry vouchers, budget utilization slips, disbursement vouchers, and sales invoices submitted by the prosecution as evidence do not indicate that P3.37 million was disbursed to pay for the services of the 321 janitors.

“A review of the prosecution’s evidence, which include those which were not admitted by the court, shows that there is no basis or computation on how this amount was arrived at,” the Sandiganbayan said.

Worse, the prosecution’s witness, Office of the Ombudsman Field Investigator identified as Philip Mathews, computed that the overpayment of LRTA to the private firm in question only reached P5.2 million for the whole of P2009 or P469,000 to P522,000 per month—way lower than the P12 million or P1 million per month as alleged in the criminal information filed.

“These figures are too far off the figures alleged in the information which pegs it at P12 million for 2009 and P1 million per month. The prosecution’s own evidence conflicts with the allegations in the information and is therefore not to be given any credence,” the Sandiganbayan said.

“The Court, thus, has no recourse but to grant the demurrers filed by the accused as there is no sufficient evidence to prove their guilt beyond reasonable doubt. All of the accused are, therefore, ordered acquitted, and the Hold Departure Orders issued against them are lifted and set aside,” it added.

Robles’ co-accused who were acquitted include  Marilou Liscano, Elmo Stephen Triste, Eduardo Abiva, Nicolas Ombao, Juliet Labisto, Roger Vano, Maynard Tolosa, Dennis Francisco, Federico Canar, Evelyn Macalino and Lilia Diaz. —KBK, GMA News