The Sandiganbayan has cleared three bidding officers of the Philippine State College of Aeronautics (PHILSCA) of graft charges in connection with the 2008 purchase of five Cessna planes without public bidding due to lack of evidence.
In a 21-page decision dated March 31, the Sandiganbayan reversed the earlier graft conviction of Reynaldo Roca, Louie Timajo and Erwin Abon rendered by the Pasay City Regional Trial Court Branch 23.
"After a careful review of the evidence on record, testimonial and documentary, the court finds no basis to conclude that the appellants acted with evident bad faith, manifest partiality and/or with gross inexcusable negligence in connection with the aborted negotiated procurement of five Cessna aircrafts by PHILSCA," it said.
"These turn of events are clearly spelled out in BAC Resolution No. 5. There was no endorsement by the appellants of Aviatour as winning bidder and then followed it with the alternative mode of negotiated procurement," the Sandiganbayan said. "The charge against the appellants is not about lack of eligibility requirements of Aviatour to participate in a public bidding or the BAC's failure to comply with procedures on public bidding, but Aviatour’s alleged non-submission of certain documents in the negotiated procurement," the Sandiganbayan said.
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