THE Sandiganbayan has cleared Cebu Provincial Accountant Marieto Ypil and former provincial board member Victor Maambong of taking part in the “conspiracy” to release P5 million in public funds to non-existent Perdido Lex Foundation Inc. in 2002.
The prosecution failed to present strong evidence against the two accused, said the anti-graft court.
“Taking into account all these circumstances, it would (be) foolhardy for this Court to convict Maambong and Ypil when the complaint against persons charged as their main co-conspirators have not prospered. At any rate, the prosecution failed to discharge its burden of proving Maambong and Ypil’s guilt beyond reasonable doubt,” read a portion of the 34-page decision of the Sandiganbayan’s third division.
Winning the legal battle elated Ypil, who faced reporters on Thursday, Aug. 1, 2019.
“At least, I felt relieved,” he said, adding that the case was just part of the hazards of his job.
The case stemmed from newspaper reports in 2004 on the release of P5 million to Perdido Lex by the Provincial Government. The funds were meant to finance a computerization program for youths in Cebu.
Capitol allotted P10 million for Perdido Lex, but it stopped releasing the remaining P5 million after the foundation failed to comply with the liquidation requirements.
The third division’s decision, promulgated on June 21, 2019, was penned by Associate Justice Ronald Moreno with concurrences from associate justices Bernelito Fernandez and Amparo Cabotaje-Tang, the division’s presiding justice.
Ypil and Maambong were accused of graft charges along with former Cebu vice governor John Gregory Osmeña, the son of former senator and Toledo City mayor John Henry Osmeña; Willie Mulla, John Gregory’s former chief of staff; and the private incorporators Milagros Herrera, Fe Tan, Nancy Sia, Veronica Caceres and Teodora Limcangco. Caceres, also known as Veronica Ceceres, was John Gregory’s housekeeper.
On June 21, 2013, the Sandiganbayan dismissed the cases against John Gregory and Caceres, after it granted the respondents’ motion to quash evidence and supplement to the motion filed on Aug. 3 and Sept. 3 in 2012, respectively.
The cases against Mulla, Herrera, Tan, Sia and Limcangco were archived by the court without prejudice, which means that the decision for Caceres and John Gregory could not be used by the respondents and they will still be put on trial after they are caught.
Bail
Three months earlier, on March 7, 2013, National Bureau of Investigation (NBI) 7 agents arrested Ypil in the Capitol building in Cebu City, and the latter immediately posted a P30,000 bail. Regional Trial Court (RTC) Executive Judge Silvestre Maamo signed the release order.
Before the Sandiganbayan started its trial in 2005, the Ombudsman found enough evidence to charge Ypil and the other respondents with violation of Section 3 (e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, for having caused undue injury to the government by giving a private party unwarranted benefit, advantage and preference.
After 14 years of trial, the Sandiganbayan’s third division was not satisfied with the evidence laid out by the prosecution against Ypil and Maambong.
In his reply to the Ombudsman, Ypil said a memorandum of agreement was signed between then Cebu governor Pablo Garcia, who got authorization from the Provincial Board, and the Perdido Lex president.
Ypil said Perdido Lex submitted the necessary documents, including the certificate of registration issued by the Securities and Exchange Commission.
However, the investigation conducted by the Ombudsman and the NBI 7 failed to locate the incorporators. Investigators found only Caceres. (from SCG of Superbalita Cebu/KAL)