Joey Marquez, 5 others acquitted of graft

The Sandiganbayan anti-graft court on Wednesday acquitted actor and former Parañaque City mayor Joey Marquez and five others of nine graft charges filed against them in connection with the alleged anomalous purchase of over 63,000 broomsticks in 1996 and 1997. In a 27-page decision, the court said the prosecution failed to come up with competent proof of overpricing that would have supported the allegation that the transactions were “grossly and manifestly disadvantageous to the city government." Marquez and his co-accused were charged for the alleged overpricing in separate purchases of 63,430 broomsticks amounting to P1.4 million. The prosecution also said the purchases were done without any public bidding. But according to the Sandiganbayan Second Division, the Supreme Court had already ruled that the absence of any public bidding “does not automatically equate to a manifest and gross disadvantage to the government," even as it acknowledged that such practice “may open the door to graft and corruption." The Sandiganbayan likewise said government auditors based their claim of overpricing on an erroneous premise because the comparison was made with prices obtained from the Department of Budget and Management, from various supermarkets in Metro Manila and from the city auditor of Las Piñas when those procured by the accused came from suppliers in the city. “In the absence of any signed quotation from the suppliers of Parañaque City, it would be difficult to determine the actual price of the ‘walis-tingting’ bought by the city at the time the transactions were made. (T)he conclusion reached by the audit team that there was overpricing would be speculative at best," it said. Also, the court held that defense lawyer Noel Malaya convincingly made a point that the comparison made by auditors was incorrect since the purchases by the city government involved brooms without wooden handles while the samples used had handles. “(T)he ‘walis ting-ting’ bought by the audit team could not be a basis for a reasonable comparison of the prices. Without competent proof that the transactions were overpriced, then the prosecution has failed to establish that the transactions…are grossly and manifestly disadvantageous to the city government of Parañaque," the court said. Aside from Marquez, also cleared of any liability were city accountant Marilou Tanael, city budget officer Flocerfida M. Babida, general services office officer-in-charge Ofelia C. Caunan, Mayor’s Office head staff Ailyn Romea, and traders Ricardo C. Adriano and Realina Ty. — KBK, GMA News