The Sandiganbayan has acquitted a former Department of Agriculture-Davao City official of graft in connection with the purchase of P4.89 million worth of liquid fertilizer without public bidding due to the prosecution’s failure to prove guilt beyond reasonable doubt.
Under the said direct contracting, the government purchased Florida Green Gold Foliar Fertilizer at P1,500 per bottle. “It has been consistently held that conspiracy must always be proven and if it cannot be established by direct evidence, the totality of evidence must be strong enough to show a community of criminal design,” it added.
“An irregularity in the bidding process does not always constitute manifest partiality, evident bad faith, or gross inexcusable negligence which is an essential element of a violation of Section 3.e of Republic Act 3019 . The prosecution still has the duty to prove the elements of Sec. 3 of RA 3019,” the Sandiganbayan said.
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