THE Sandiganbayan 4th division has affirmed multiple corruption charges against former Philippine National Police (PNP) chief Avelino Razon after his demurrers to evidence were denied by the court.
While the court granted two demurrers to evidence filed by Razon, four of his demurrers in relation to the P409 million vehicle repairs and maintenance projects anomaly in 2007, were denied.
The court noted that for his cases with denied demurrers, Razon signed work orders and purchase orders as the Head of the Procurement Entity or HOPE, despite irregularities which he should have detected.
“In approving the disbursements made to the three proponents under these circumstances, his attitude bespeaks of bad faith and manifest partiality,” the court said in the joint resolution dated June 21, 2023 penned by Associate Justice Bayani Jacinto, with the concurrence of Division Chairperson Michael Frederick Musngi and Associate Justice Lorifel Lacap Pahimna.
Former PNP comptrollers Geary Barias and Eliseo Dela Paz were however cleared by the court as their demurrers were granted.
For Barias, the court noted that his singular act of execution of Notice of Fund Availability cannot be considered as sufficient evidence of his involvement in the conspiracy to give unwarranted benefits to private individuals.
“The court finds that the execution of the NFA, which is the only evidence presented against accused Barias, is insufficient to sustain the prosecution’s theory that he participated in the conspiracy to commit the offenses charged,” the court said.
“A review of the prosecution’s evidence similarly convinces the court that accused Dela Paz’s part was isolated, limited and purely ministerial,” the court added.
The multiple graft, malversation and violation of procurement law cases against the respondents started from the complaint filed by the Fact Finding Investigation Bureau of the Office of the Deputy Ombudsman for the Military and Law Enforcement Office against 25 officers of the PNP, two officials from the Commission on Audit and 13 private individuals.
The respondents were allegedly involved in anomalous transactions relating to the repair and maintenance of 28 units of V-150 Light Armored Vehicles, causing undue injury to the government.
The demurrers filed by then Bids and Awards Committee chairperson, Emmanuel Ojeda, and other committee members were also denied by the court.
