THE Sandiganbayan Third Division has junked
two criminal charges against former Parañaque City Mayor Joey
Marquez and two of his co-defendants, Rolando L. Magno,
Parañaque City schools division superintendent, and Mario
Jimenez, executive assistant to the city mayor, in connection
with the P6.41 million textbook supply contract in 1998.
In a 16-page resolution promulgated Dec. 22,
the graft court said the prosecution failed to prove the accused
caused undue injury to textbook suppliers Kejo Educational
System, Merylvin Publishing House, and Southern Christian
Commercial represented by complainant Lizabeth C. Carreon.
Based on Carreon’s complaint, the Office of
the Ombudsman charged Marquez and members of the City School
Board of false representation by inducing suppliers to deliver
the books even if there were no appropriations.
Named along with Marquez, Jimenez and Magno
were City treasurer Silvestre A. de Leon, city budget officer
Flocerfida Babida and assistant to the city mayor Antonette
Antonio.
Carreon said she made full delivery of 500
copies each of Diksyonaryong Pilipino and Oxford Dictionary,
Basic Textbooks for Grade II and DECS Basic Textbooks but was
not paid.
The Sandiganbayan however pointed out that
the textbook suppliers who were supposed to have been prejudiced
by the non-payment should have filed a complaint but instead, it
was Carreon, the publications’ agent, who initiated legal
action.
"Quite obviously, complainant Carreon is
trifling with the Ombudsman and this Court by using these
institutions as collection agencies. Worse, she asks the
Ombudsman and this Court to recover the bribe money she paid to
(accused) Antonette Antonio and Aileen (Marquez’ secretary)
through the guise of charging the accused with estafa and
graft," the court noted.
The graft court pointed out documentary
evidence were photocopies.
The ruling applied only to Marquez, Magno and
Jimenez because they were the only ones who filed demurrers to
evidence that were granted by the court.
Of all the defendants, only Antonio remains
at large and has not been arraigned.
Marquez has also appealed his conviction for
five counts of graft by the Sandiganbayan Fourth Division in
August 2007 on charges of overpricing in the purchase of "walis
tingting" worth P2.9 million.
He was sentenced to 50 years imprisonment but was allowed to
post bail. – Peter J.G. Tabingo
