Ombudsman loses graft case vs ex-PNP comptroller, 7 others

The Philippine anti-graft court has acquitted eight former police officials, including a former Philippine National Police (PNP) comptroller, due to weak evidence prepared by the Office of the Ombudsman. In a 45-page decision, the Sandiganbayan Fifth Division noted that the prosecutors failed to present to the court original copies of important documents that were used as evidence, and had secured the statements of some of the accused without following the correct procedure. The case was in connection with the alleged ghost purchase of P20 million worth of uniform and equipment for police personnel in Central Visayas. Cleared were former PNP director for comptrollership Guillermo T. Domondon, Recom 7 Director Roger Deinla, fiscal division chief Van D. Luspo, Recom 7 comptroller Corleto Lopez, Recom 7 finance chief Elpidio Ybañez, deputy ARD comptrollership Jose Beltran, and disbursing officers Benhur Aguinaldo and Florante Leaño. The eight were charged after a fact-finding team formed by the PNP to look into the transaction found out that no actual purchase of combat clothing and individual equipment took place. Logistics and supply officers also said they received no such supplies. In its decision, the court said the prosecution failed to present the original copies of the 407 checks issued from August 11 to 14, 1992, which it said were the crucial evidence in identifying the payees and the negotiation for encashment. What the prosecutors presented, the Sandiganbayan said, were microfilm copies of the checks that were authenticated by an officer of the Land Bank of the Philippines. The Sandiganbayan said that although this proved the existence of the checks, it was insufficient in substantiating the contents, including the name of the payees and those who converted them to cash. “Notably, the prosecution is aware of the importance of the originals of the checks for it requested the Court to issue a subpoena…for the production of the checks to court. If despite having asked for it to be produced in court, it proved futile or could not have been done for one reason or another, the prosecution should have called the present accountant or any representatives from said office to explain why it cannot be produced," the Sandiganbayan said. “(S)econdary evidence as to the checks is not admissible. The Court must say that after a careful perusal of the facts of the case and the evidence presented, the guilt of the accused has not been proved beyond reasonable doubt," the court added. The court also faulted investigators for failure to observe correct procedures in securing the statement of accused Deinla, Aguinaldo, Ybañes and Leaño who did so without assistance of counsel. “The right to counsel is a fundamental right and requires not merely the fact that a lawyer is beside the accused during investigation. Though the same may be waived, waiver must be done in the presence of a lawyer," the court noted. Associate Justice Napoleon E. Inoturan penned the ruling, which was concurred in by Associate Justices Alexander G. Gesmundo and Roland B. Jurado, division chairman. The current Ombudsman, Merceditas Gutierrez, is set to face an impeachment trial in May for alleged betrayal of public trust. She was appointed in 2005 by then President Gloria Macapagal-Arroyo. - KBK, GMA News