THE SUPREME Court (SC) has acquitted a former mayor of Binmaley, Pangasinan and a businessman of graft charges over the approval of a P2-million contract for construction equipment without public bidding.
In a 20-page decision on Oct. 10 and made public on Oct. 11, the SC First Division said government prosecutors failed to prove former Binmaley mayor Lorenzo M. Cerezo and Edwin G. Castillo caused undue injury to the government.
“In the absence of any evidence that will tend to prove any malicious motive or fraudulent intent against Cerezo, it cannot be said he gave any unwarranted benefits, advantage and preference to Castillo,” Associate Justice Samuel H. Gaerlan said in the ruling.
Mr. Castillo was the owner and operator of MTAC’S Merchandising, a construction equipment supply firm.
The case stemmed from a leasing contract between the former mayor and Mr. Castillo that involved using dump trucks and other heavy equipment to haul debris in the aftermath of typhoons.
The tribunal noted the prosecution failed to prove a conspiracy between the two.
The Sandiganbayan previously found them guilty of violating the Anti-Graft and Corrupt Practices Act.
The anti-graft court ruled Mr. Cereza showed gross negligence when he gave unwarranted benefits to Mr. Castillo.
Upon reviewing the case, the High Court said the prosecutors failed to prove “beyond a reasonable doubt” that the charges against the accused had merit.
“In every criminal prosecution, the state must prove beyond a reasonable doubt all the elements of the crime charges,” it said. — John Victor D. Ordoñez