MANILA, Philippines – The Sandiganbayan, the country’s anti-graft court, has upheld that some Philippine National Police (PNP) officers ghost-procured and -repaired armored vehicles worth P374 million during the Gloria Arroyo administration.

In an 11-page resolution, the Sandiganbayan reiterated its earlier finding that the evidence presented by the prosecution proved the ghost procurement allegedly committed by some PNP officers as there was no delivery of engines and transmission assemblies for PNP V-150 armored vehicles.

This, despite the defendants’ certification that these items were duly inspected and accepted.

The Office of the Ombudsman filed a graft and malversation and public funds case in 2013 against the police officers and non-uniformed personnel who allegedly conspired with people representing Evans Spare Parts Motorworks Repair and Trading, Enviro-Aire Incorporated, and RJP International Trading Construction and General Services.

Based on the charges, the respondents allegedly conspired to defraud the PNP through ghost procurement and repair of PNP armored vehicles in 2007 and 2008.

The prosecutors said the first transaction amounted to P239.615 million, while the second one was P134.388 million.

In affirming its decision, the Sandiganbayan junked Police Colonel Rainer Espina’s motion which sought to reverse its June 21, 2023 decision denying the defendants’ demurrer to evidence. Espina was the acting chief of the PNP Management Division. If the petition had been granted, the demurrer to evidence would have meant an acquittal.

“Stated simply, there would have been nothing for accused (property and inspection officers) to inspect and accept; thus, accused Espina was either patently remiss in performing his public functions or was complicit in the issuance of the false certification as he confirmed their submissions,” the court said in its resolution penned by Associate Justice Bayani Jacinto, with Associate Justices Michael Frederick Musngi and Lorifel Lacap Pahimna concurring.

In his motion for reconsideration, Espina argued he was “simply lumped together with the other accused as if he performed the same acts.” He added that the court made some “misapprehension of facts” when it held that his moves amounted to confirming the findings of the PNP property inspectors.

The court, however, sustained the prosecutors’ position, saying the evidence on record established that there were indeed “ghost deliveries.”

“In all, the prosecution was able to clearly show that the certifications made by the property and inspection officers that they accepted and inspected the deliveries from RJP were patent falsities. Stated simply, there would have been nothing for accused to inspect and accept,” the court said.

Aside from Espina, the demurrers of the respondents below were also denied:

• former PNP chief Avelino Razon
• Police Colonels Emmanuel Ojeda, Victor Agarcio, and Reuel Labrado
• Police Lieutenant Colonels Warlito Tubon, Henry Duque, and Edgar Paatan
• Police Major Analee Forro
• PNP Accounting Division chief Antonio Retrato
• Non-uniformed personnel Eulito Fuentes, Patricia Enaje, Maria Teresa Narcises, and Alex Barrameda
• Private defendants Harold Ong, Tyrone Ong, Pamela Pensotes, and Evageline Bais

The anti-graft court, however, granted the demurrer petitions of Police Major Generals Geary Barias and Eliseo dela Paz, Police Brigadier General Orlando Pestaño, and Police Colonel Dennis Canoy. – Rappler.com