Sandiganbayan finds sufficient evidence in graft case against former PNU president

MANILA, Philippines – The Sandigayanbayan Fifth Division denied a motion of the former president of the Philippine Normal University (PNU) to dismiss her graft case, but the same resolution acquitted her three co-accused.

Then-PNU president Ester Ogena and three other state university officials were charged with graft for an alleged anomalous ad placement contract with a magazine in 2011. 

Ogena and her co-accused filed a demurrer to evidence, asking the court to dismiss outright their graft case. A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence.

In its resolution on February 17, the Sandiganbayan denied Ogena’s demurrer to evidence. 

However, the anti-graft court in the same resolution cleared of any liability because of lack of evidence the following: PNU vice president for finance and administration Rebecca España, budget office head Florence Allejos, and financial management service director Joseph Luceño.

The Sandiganbayan said the three merely acted under Ogena’s directives and signed the documents assigned to them out of obedience.

The anti-graft court said this was unlike Ogena’s case. The court said that the testimony of prosecution witnesses and the documentary exhibits backed the allegations against Ogena. 

“The evidence shows that accused Ogena acted alone, and without active, express, or even tacit involvement of España, Allejos and Luceño when she entered into the advertorial contract with UNL. Ogena appears not to have even notified or had the PNU Board of Regents clear the contract,” said the court. 

Information provided by the prosecution in 2019 accused the four PNU officials of involvement in an anomalous 2011 ad placement contract worth P1.1 million with Universal News Limited (UNL). The state university contracted a half-page advertorial to be published in the Foreign Policy Magazine.

First, the prosecution said the ad contract skipped the required public bidding. It also violated Administrative Order No. 103 issued by the Office of the President in 2004 suspending paid media placements as part of austerity measures, except those concerning policy guidelines or public bidding on government contracts.

The money was illegally drawn from PNU’s Special Trust Fund without the approval of the Board of Regents, added the prosecution.

Ogena, in her defense, said she approved the advertorial after receiving a letter-recommendation from then-Commission of Higher Education chair Patricia Licuanan.

Ogena said the advertorial was supposed to promote higher education in the Philippines and highlight the achievements of PNU. – Rappler.com