The Sandiganbayan recently cleared former New Project: Gintong Alay official Arturo B. Ilagan and three other NPGA officials of graft charges for their alleged unlawful diversion of public funds on the renovation of the facilities of the Ninoy Aquino Stadium in 1988.
In ordering that the information, filed by the Commission on Audit, against all the accused be withdrawn, the judicial office ruled that there was no probable cause to pursue the case and that there was no abuse of discretion since the diversion of funds was necessary at the time.
"The diverted funds were extremely necessary to make the NAS and Covered Court No. 2 at par with international standards considering the international significance of the 10th ABC Junior Basketball Championship on Jan. 24, 1989," the Sandiganbayan said in its decision.
The case stemmed from the alleged misuse by Ilagan and Leifa Enciso, Merlita Rodriguez and Fred Corda of P35.4 million in government funds for the renovation of the Rizal Memorial Sports Complex which Ilagan, then executive director of the NPGA, re-aligned for the construction of the multi-purpose facility (now the Ninoy Aquino Stadium) and Covered Court No. 2 which were to be the venue for the then ABC junior caging.
"As clearly explained by the accused, the NPGA was forced to use or re-align a portion of the alloted funds for the renovation of six RMSC sports facilities to the additional expenditures needed for the renovation and construction of the multi-purpose facility (now the NAS) and Covered Court No. 2," the decision said.
The Sandiganbayan promulgated that the actuations were indeed necessary and not extravagant and therefore found no probable cause to pursue the indictment against the accused.
With regard to the other COA charge that no public bidding was held, the judicial office ruled that Ilagan had in fact made a wise judgment in applying Sec. 1(b) of Executive Order No. 301, which provides for exemption from public bidding of contract for public services to be used in connection with a project which cannot be delayed without causing detriment to the public service. Ilagan testified that he was only notified of the event between Sept.-Oct. 1998 and the intricacies and the technicalities of a public bidding would definitely entail a waste of valuable time and delay in the completion of the project.
The court also ordered that the bail posted by Ilagan, Enciso and Rodriguez returned to them.