SC acquits Joey Marquez in 'broomsticks' scam

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MANILA - The Supreme Court on Wednesday nullified the graft conviction handed down by the Sandiganbayan against former Parañaque Mayor Joey Marquez and another local officer for approving a P2.9 million contract to buy “walis tingting” (broomsticks) from 1996 to 1998.

In a 20-page decision penned by Associate Justice Antonio Eduardo Nachura, the Court’s Third Division held that government prosecutors failed to provide substantial evidence to prove that the walis tingting purchases were overpriced, thus, disadvantageous to the government.

As pointed out by Marquez and his co-petitioner former City General Services Office chief Ofelia Caunan, the Court said the evidence of the prosecution did not include a signed price quotation from the walis tingting suppliers of Paranaque City.

"The reasoning of the Sandiganbayan is specious and off tangent. The audit team reached a conclusion of gross overpricing based on documents, which, at best, would merely indicate the present market price of walis tingting of a different specification, purchased from a non-supplier of Paranaque City, and the price of walis tingting purchases in Las Pinas City,” the SC said in reversing the anti-graft court’s decision.

"Effectively, the prosecution was unable to demonstrate the requisite burden of proof, i.e., proof beyond reasonable doubt, in order to overcome the presumption of innocence in favor of petitioners," the ruling added.

The Court noted that in finding that the broomsticks purchase contracts were grossly disadvantageous to the government, the Sandiganbayan relied on the Commission on Audit’s conclusion of overpricing, which was, in turn, based on the special audit team’s report.

However, the SC noted that COA’s conclusions were based on “incompetent evidence” as the market price of walis tingting in Las Pinas City was used as proof of evidence of overpricing in Paranaque City.

"The prosecution should have presented evidence of the actual price of the particular walis tingting purchased by petitioners and the other accused at the time of the audited transaction or, at the least, an approximation thereof. Failing in these, there is no basis to declare that there was a glaring overprice resulting in gross and manifest disadvantage to the government,” the SC held.

Concurring with the ruling were Associate Justices Consuelo Ynares-Santiago, Minita Chico-Nazario, Presbitero Velasco, Jr.

In a ruling issued on August 30, 2007, the Sandiganbayan sentenced Marquez and Caunan to  50 years of imprisonment for five counts of graft in connection with the walis tingting purchase.

The anti-graft court acquitted former city accountant Marilou Tanael for lack of evidence.

Marquez and Caunan were were also ordered to reimburse the government the amount of P462,708 corresponding to the overpricing as determined by auditors from the Commission on Audit (COA).

The court has found Marquez and Caunan guilty of conspiring to split the contracts to get around the rule on mandatory public bidding and of overpricing the amount of the native broomsticks.
Source:
http://ph.news.yahoo.com/abs/20090902/tph-sc-acquits-joey-marquez-in-broomstic-85c5a6c.html