The Sandiganbayan First Division has acquitted Samar Rep. Milagrosa Tan and three others of their graft and malversation charges in relation to the reportedly anomalous purchase of P69-million worth of drugs and medicines back in 2007.
Tan was earlier slapped with three violations of Section 3(g) and five violations of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act as well as five violations of Article 217 of the Revised Penal Code, also known as Malversation of Public Funds or Property, due to the actions made during her time as governor of Samar.
She was charged with provincial treasurer Bienvenido Zabala Zabanecio Jr., officer-in-charge of the Provincial General Service Office Ariel Yboa, and supply officer George Guarino Abrina.
From March 28 to April 16, 2007, Tan purchased medicines totaling P30,702,190.18 and P4,654,980.54 from Zybermed Medi Pharma, even though the company was not licensed to operate its business in Catbalogan City, Samar and Pasig City, where it is located.
On Aug. 21, 2007, Tan made another purchase from the same company amounting to P33,683,344.12.
The Commission on Audit deemed the transaction “unnecessary and non-responsive to the exigencies of the service” since there was no justification for the purchase of large quantities of drugs, medicines, and dental supplies.
In its 67-page decision promulgated on Friday, the anti-graft court ruled that the prosecution was unable to discharge its burden of proving the accused’s guilt beyond reasonable doubt.
The prosecution argued that the government was shortchanged in the purchases because the medicines were overpriced. There was further no actual need to purchase the medicines, and the delivery was staggered when there was only one purchase order.
But for the court, there is no evidence that the drugs and medicines purchased were overvalued, nor was there any showing of the standard prices of the items. (Czarina Nicole Ong-Ki)