The Sandiganbayan Second Division acquitted former Silay Mayor Jose “Oti” Montelibano and 25 of his co-accused today, February 5, of graft and corruption for awarding an P18 million information and community technology project to a private firm.
The Sandiganbayan, in a 22-page decision, said “there being a failure to establish that the acts of the accused are felonious, the fact from which the civil liability might arise does not exist.”
The Sandiganbayan also ordered the lifting of the hold departure orders against Montelibano and his co-accused and the release of the bail bonds they posted.
A criminal case for violation of the Anti-Graft and Corrupt Practices Act was filed against the accused for awarding to Systems and Plans Integrator Development Corp. the Information and Communication Technology Project of Silay City worth P18 million on Jan. 24, 2008 without competitive bidding.
However, the Sandiganbayan in its decision said the evidence presented by both parties shows that the accused followed proper procedure as stated in Republic Act 9184, otherwise known as the Government Procurement Reform Act.
There is no sufficient evidence to prove the criminal act, it said.
Acquitted with Montelibano were then councilors Jose Raymund Locsin, Michael Maravilla, Mario Torres, Ramon Jison, Salvador Segovia, Joedith Gallego and April Grace de los Reyes, city administrator Ignacio Salmingo, OIC city treasurer Elsie Jimenea, OIC city accountant Emmanuel Arsenal, Bids and Awards Committee chair and city legal officer Kara Aimee Quevenco, Pepito Hechanova Jr., Alma de la Cruz, Ricardo Ledesma Jr., Sonia Cordero, Rene Roy Pahilanga, Giovanni Guzon, Jesus Oppus, Arnie Trajera, Jose Genaro Estrañero, Macarse Tionko, Armin Paredes, Alore Golez, Vilma Dooma and Juliet Cunanan.
Montelibano said he and his co-accused watched the promulgation online and were relieved by the decision.
“We were falsely accused to harass us,” he said, adding that the information and communication technology project has been justified.
“It took a very long time for the decision to be reached but the truth will set one free with perseverance,” he said.
This decision is a vindication, the Commission on Audit had said that the project was above board and there was no overpricing, Quevenco said.
It fact the Silay City government is still using the P18 million information and communication technology system, she said.*