Sandiganbayan acquits ex-Philippine Army officers of graft

MANILA, Philippines – The Sandiganbayan cleared retired Philippine Army officers of graft charges stemming from the handling of funds for a planned trip to the United States that was canceled over two decades ago.

The anti-graft court’s 4th Division ruled on October 27 that prosecutors failed to prove Brigadier General Arnolfo Palmea and Colonel Rommel Cordova convinced non-commissioned officers not to liquidate cash advances they received for the US trip. The other officers were also acquitted of graft.

Palmea was supposed to lead a seven-man team flying to the US state of Alabama in November 2000 to inspect and sort 30,000 rifles set to be donated by the US government to the Armed Forces of the Philippines.

They were ordered to go to Alabama on November 23, 2000, and return to Manila on January 12, 2001.

The soldiers were each given a cash advance of P563,406.75 from the Self-Reliant Defense Posture Fund, meant for their pre-departure expenses, airfare, accommodations, and allowances.

The trip, however, was moved to January 2001 due to the unavailability of American military personnel, then delayed for a second time. By then, there were already some expenses incurred.

Palmea pooled the remaining funds, amounting to P3,194,902, and turned the money over to Cordova, who was a budget officer. The funds were then deposited into several Armed Forces and Police Savings and Loans Association Incorporated accounts.

The US trip was eventually called off in June 2002.

The Commission on Audit told Palmea in a demand letter dated September 12, 2005, that failure to liquidate the cash advances indicated malversation.

The Office of the Ombudsman filed the graft charges in 2017.

But the Sandiganbayan said in its recent decision, penned by Associate Justice Michael Frederick Musngi, that “the prosecution was not able to prove that the accused public officers had a common design in not liquidating their respective cash advances.”

“The court cannot hold an accused liable for a criminal act that requires proof beyond reasonable doubt when the prosecution failed to discharge this burden,” added the Sandiganbayan.

The anti-graft court also noted the defense’s explanation that the cash advances could not be returned in full since part of the funds had already been used for pre-departure expenses.

Sandiganbayan associate justices Lorifel Lacap Pahimna and Bayani Jacinto concurred with the ruling. – Rappler.com