Sandigan junks estafa cases vs Marcos Cabinet men

MANILA, Philippines - The Sandiganbayan has junked two estafa cases filed against Marcos Cabinet members and public works officials in connection with the bogus dredging works in Manila Bay waterways in 1985 and 1986. Cleared in the 37-page resolution were former Public Works and Highways Minister Jesus S. Hipolito and his deputy minister Aber P. Canlas. Also cleared from any liability were then Metro Manila regional director Samuel T. Fadullon, assistant director Rodolfo R. Palmera, chief civil engineers Jesus S. Romero and Edilberto D. Tayao, supervising engineer Carmelino Nuguid and private defendant Aurora E. Panlilio. The resolution, issued last December 5, was penned by Presiding Justice Diosdado M. Peralta and concurred in by Associate Justices Rodolfo A. Ponferrada and Alexander G. Gesmundo. Prosecutors had alleged that the two dredging works in the Talayan-Balinghasa Creek and the Lakandula Drain outlet into Manila Bay in December 1985 and January 1986 were “ghost projects,” and that the P7.5 million budget for the said projects might have been “converted, misappropriated and misapplied” by the accused for their own use. The Sandiganbayan’s First Division however said the prosecution failed to support this. In its ruling, the anti-graft court granted the demurrer to evidence filed by the defendants on the ground that there was insufficient evidence to support the government’s case. “It is very clear that the Prosecution failed to prove the elements of the crime charged. There was no evidence presented to prove deceit, an important element in the crime of estafa,” the court declared. “The prosecution’s failure to prove the elements of the crime of falsification of public documents… means that it also failed to prove the element of deceit in the crime of estafa. Proceeding from the same premise, the element of damage in the crime of estafa was also no proven,” it added. It noted that the two government witnesses - then Public Works Ministry resident auditor Renato M. De Leon and COA’s senior technical inspector Renie D. Penados - both gave testimonies that destroyed the prosecution’s case. De Leon admitted during cross-examination that he did not make a personal inspection of the dredging site to verify the allegations that no actual work was done, while Penados acknowledged seeing muddy dredging cranes on the work site when he conducted an inspection. - GMANews.TV