SC junks petition of ex-DPWH chief to drop graft case against him

The Supreme Court (SC) yesterday junked the petition filed by former Department of Public Works and Highways (DPWH) secretary Florante Soriquez seeking to stop the Sandiganbayan from further conducting proceedings in the graft case filed against him involving the controversial P38.2-million Megadike project in Pampanga.

In a 12-page decision penned by Associate Justice Cancio Garcia, the high court’s third division affirmed the March 6, 2002 decision of the Sandiganbayan fifth division denying the demurrer to evidence filed by Soriquez in the graft case, docketed as criminal case 23539.

The SC decision also upheld the anti-graft court’s resolution dated May 20, 2002 denying Soriquez’s motion for reconsideration.

The High Tribunal said the anti-graft court’s decision junking Soriquez’s demurrer of evidence "was made by the respondent court in due exercise of its jurisdiction."

"There is no showing that the conclusion made by the respondent court on the sufficiency of the evidence of the prosecution is manifestly mistaken or grounded entirely on speculation and conjectures," the SC said. "No capricious exercise of judgment exists that would warrant the issuance of the extraordinary writs of certiorari and prohibition. Wherefore, the petition is dismissed."

Court records showed that Soriquez, in his capacity as program director of the Mt. Pinatubo Rehabilitation-project management office (MPR-PMO), along with nine others, were charged with violation of Section 3(e) of Republic Act 3019 or the anti-graft and corrupt practices act for allegedly conspiring with each other in allowing Atlantic Erectors Inc. to deviate from the plans and specifications of the contract in connection with the construction of the Pasig-Potrero river diking system, or the Megadike, in Pampanga.

The deviation from the plans and specifications of the contract caused the collapse of a substantial portion of the Megadike resulting in damage to the government, the SC said.

The other accused in the case are Romeo Mendoza, Rey David, Ulysis Manago, Juan Gonzales and Gil Rivera, all supervising Engineers in MPR-PMO; Atlantic Erectors Inc. chief executive officer Ariel Lim; and the company’s officers, Alberto Teolengco, Neil Allan Mary and Remigio Angtina Jr.

Soriquez, David, Manago, Gonzales and Rivera, Lim, Teolengco, Mary and Angtina allegedly conspired with each other in disregarding and deviating from the plans and specifications of contract package number 25 in constructing the transverse section of the Megadike, which violates provisions of the contract.

Despite the violation, Soriquez and his co-accused allowed Atlantic Erectors Inc. to collect and receive payment of P38,289,708.61. During his arraignment, Soriquez entered a plea of not guilty.

In the ensuing trial, the prosecution presented its lone witness, lawyer Mothalib Onos, chairman of the fact-finding investigation panel of the Office of the Ombudsman. The prosecution offered documentary evidence and rested its case.

Instead of moving forward with defensive evidence, Soriquez filed a demurrer to evidence.

He alleged that the evidence presented by the prosecution against him was "grossly insufficient" and does not warrant his conviction and argued that he is entitled to an acquittal.

Soriquez claimed that there is no proof that there was faulty construction. He said that, assuming there was faulty construction, there is no proof that it was the fault of Atlantic Erectors and not the other contractors involved in building the Megadike.

According to Soriquez, the findings of Onos’ panel are evidentiary in nature but he added that no physical evidence was ever presented by the prosecution.

Soriquez said the evidence against him is hearsay as those who personally conducted the investigation on the alleged faulty construction were not presented as witnesses.

He also said the construction of the Megadike was not tainted with bad faith because, during the construction of the dike, various groups and persons had monitored the construction, including Onos.

Soriquez said there is no evidence showing any plans to defraud the government because Atlantic Erectors manifested its willingness to reconstruct the breached section of the Megadike using the same plan free of charge. The DPWH did not accept the offer and reconstructed the breached dike segment using a different design.

He said it is not true that the government paid the Atlantic Erector P38,289,708.61, adding that the government paid only P17,183,619.61 to the contractor.

Soriquez also said the filing of the charges against him was tainted with political color, adding that the Sandiganbayan gravely abused its discretion when it denied his demurrer.

He said the prosecution failed to establish his participation in the alleged conspiracy to violate the contract for the construction of the Megadike.

The SC, however, was not persuaded by Soriquez’s claims.

"A demurrer to evidence is an objection by one of the parties in an action, to the effect that the evidence which his adversary produced is insufficient in point of law, whether true or not, to make out a case or sustain the issue," the SC said in its decision.

"The party demurring challenges the sufficiency of the whole evidence to sustain a verdict. The court, in passing upon the sufficiency of the evidence raised in a demurrer, is merely required to ascertain whether there is competent or sufficient evidence to sustain the indictment or to support a verdict of guilt," the High Tribunal said.