MANILA, Philippines – The Sandiganbayan yesterday sentenced to six to 10 years in jail nine former officials of the Philippine National Police (PNP) who were convicted of graft in connection with the ghost purchase of P38.2-million worth of combat uniforms and equipment in 1992.
Among those convicted of graft were former PNP logistics command (LogCom) chief Director Everlino Nartatez, then service store system administrator Senior Superintendent Alejandro Espiritu Jr., former Logcom procurement center chief Superintendent Obedio Espena, and former chief of the directorate for materials Superintendent Alejandro Camello.
Also found guilty were Chief Inspectors Jose de Vera and Adolfo Pamplona Sr. as well as Senior Inspector Lloyd Cawan, all members of the acceptance committee; purchasing officer Leo Marsan, and Police Officer 3 Ramon Lihaylihay, then the inspector for comptrollership.
Because of his death in 2006, the case against former PNP chief Cesar Nazareno, the highest ranking official charged, was dismissed. Cases against three other respondents – former PNP comptroller Belinda Abedendario, supply accountable officer Tomas Flores, and Senior Police Officer 4 Ernesto Pillado Sr. – who all died before trial ended last year, were also dismissed.
Under the Revised Penal Code, the criminal and civil liability of an accused is extinguished upon death of an accused before judgment.
Acquitted for insufficient evidence were Senior Inspectors Eduardo Octaviano and Alfredo Lotho and Commission on Audit (COA) representative Bartolome Castillo.
In its 44-page decision, the Sandiganbayan Fifth Division chaired by Associate Justice Roland Jurado found nine of the respondents guilty of violating Section 3(e) of the Anti-graft and Corrupt Practices Act.
The anti-graft court also ordered them to indemnify the government the same amount that was lost because of the ghost purchases and slapped them with the accessory penalty of perpetual disqualification from holding public office.
During trial, the Sandiganbayan said the prosecution, headed by Deputy Special Prosecutor John Turalba, was able to establish guilt beyond reasonable doubt that the respondents disbursed over P38.2 million in public funds from the PNP’s Personal Service Fund 19 years ago and made it appear that the same was used to purchase combat uniforms and equipment.
The anti-graft court said the special audit conducted by COA, which was confirmed by State Auditor II Lydia de Joya, proved the allegations that no items were inspected, received, and delivered to the PNP warehouse after the alleged purchase.
It was also established during the audit that the eight regional commands of the PNP did not receive the combat clothing and equipment that the government paid for.
The Sandiganbayan said the COA report and De Joya’s testimony sustained the prosecution’s case that the items the government paid for were actually ghost deliveries and caused undue injury to the government.
“Nartatez tried to wash his hands of the transactions by stating that he relied on other officers who have signed the POs (purchase orders) and the DVs (disbursement vouchers) ahead of him and, finding everything to be in order, he signed these documents as a matter of ministerial duty,” the Sandiganbayan said.
“Nartatez’s defense would have been plausible if not for the fact that he was not just the approving officer for the disbursement vouchers and checks but was also the approving officer of the purchase orders,” the ruling penned by Associate Justice Alexander Gesmundo stressed.
Because he proceeded in allowing the transactions by affixing his signature on POs, DVs, and checks, the Sandiganbayan said, “he had from the very start fraudulently intended the transaction to be within his control.”
Records showed that it took 19 years to hold the respondents liable for graft because though the case was filed in 1994, a reinvestigation was conducted and was not completed until after 1998 and trial started only in 2003.
PNP respects Sandiganbayan ruling
The PNP respects the order of the Sandiganbayan that convicted nine former police officials of graft.
PNP spokesman Chief Superintendent Agrimero Cruz Jr. said the irregularities in procurement of equipment are part of the dysfunction in the police organization.
“The PNP as an organization respects the decision of the court. It only goes to show that our justice system is fair and does not discriminate,” he added.
Cruz noted that the individual respondents have been afforded their day in court in the best interest of due process.
“Irregularities like this in the procurement system are among the dysfunctions that we seek to correct under our integrated transformation program,” he added.
Last July, former police chief and now Sen. Panfilo Lacson exposed anomalous procurement of three brand new helicopters, two of which turned out to be five-years-old and previously owned, worth P104.9 million.
Interior Secretary Jesse Robredo, for his part, revealed the anomalous procurement of P131-million worth of patrol and rubber boats, about P5-million worth of patrol coastal craft, and P409 million for the anomalous repair of 30 units of armored personnel carriers (V-150s).
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By: Michael Punongbayan with Cecille Suerte Felipe
Source: The Philippine Star, Nov. 5, 2011
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