Ex-PCG commandant acquitted by Sandiganbayan in illegal procurement case

MANILA — Former Philippine Coast Guard commandant Rodolfo Isorena was acquitted by the Sandiganbayan in an illegal procurement case involving P6.039 million worth of transactions in 2014.

The Sandiganbayan Special Second Division also acquitted several other PCG officials, including internal auditor CDR. John Badong Esplana, deputy chief Capt. Joeven Fabul and accounting head Rogelio Caguioa.

In the decision of the anti-graft court promulgated on Jan. 13, the court said Isorena, Esplana, Fabul and Caguioa relied to a reasonable extent on the good faith of their subordinates when they affixed their signatures on disbursement vouchers.

The court cited the landmark case Arias vs Sandiganbayan, wherein the Supreme Court held that the head of an office or agency can rely to a reasonable extent on the good faith of their subordinates.

The court also stated that the irregular splitting of payments for the disbursements involved had not yet occurred at the time the officers approved the procurements.

“They cannot be held liable simply because they were the final approving authority of the transaction in question and that the employees/officers who processed the same were under their supervision,” the court said in the decision penned by Associate Justice Arthur Malabaguio, with the concurrence of Division Chairperson Oscar Herrera, Jr. and Presiding Justice Amparo Cabotaje-Tang.

Other PCG officers however were found guilty by the court, namely then deputy chief for maritime safety service CDR. Rommel Supangan, deputy chief for community relations CDR. William Arquero, deputy chief for community relations Capt. Ramon Lopez and deputy chief for maritime communications, weapons, electronics information system CDR. Joselito Quintas.

The questioned procurements included cellular phone cards bought from various suppliers.

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Supangan was sentenced to imprisonment of 6 to 10 years, Arquero 6 to 10 years, Lopez 6 to 10 years for each of the 2 counts, and Quintas 6 to 10 years for each of the 3 counts of violation of the Government Reform Procurement Act.

“The exoneration of the accused Isorena, Caguioa, Fabul and Esplana would not extend to the rest of the accused Supangan, Arquero, Lopez and Quintas as they performed acts making them responsible for the splitting of payments,” the court said.

Associate Justices Michael Frederick Musngi and Bayani Jacinto however partially dissented from the decision as they believe that all of the accused should have been acquitted, for several reasons.

“I find that the accused special disbursing officers are in good faith in the subject procurements and that these officers, by the nature of their jobs as protectors of the realm, were acting during an urgent situation at that time considering the heightened activities and operations of the PCG amid the active presence of foreign vessels within our exclusive economic zone, posing serious and imminent threats to our territorial sovereignty,” Musngi said.