Metro Manila (CNN Philippines, November 27) — The Ombudsman has dropped the graft and corruption charges against two former officials of the Philippine Ports Authority (PPA) who were initially indicted for these crimes, it said in a decision given to the public on Wednesday.
In the decision dated June 19, 2019, the Ombudsman dismissed the graft and corruption case against former PPA General Manager Juan Sta. Ana and former Assistant General Manager Raul Santos for lack of merit.
In 2017, the Office of the Ombudsman under Conchita Carpio-Morales found probable cause to indict Sta. Ana and Santos in violation of R.A. 3019 or the “Anti-Graft and Corrupt Practices Act.” The PPA granted an automatic five-year renewal of port permits to DMCI Holdings, Inc. and DMCI Mining Corporation (DMCIMC) in a beach area in Zambales from January 2013 to December 2017 even without the proper requirement, namely a foreshore lease agreement. Officials from DMCIMC were also charged but the cases against them were dropped for lack of merit.
Santos was also found liable for Gross Neglect of Duty and Conduct Prejudicial to the Best Interest of the Service for failing to ensure the renewal was proper and for not responding to letter of complaints on that matter. The ruling opted to dismiss Santos from service. Former Agham Partylist Representative Angelo Palmones filed these cases.
However, incumbent Ombudsman Samuel Martires now overturned this, saying after a review of the case, the evidence did not point out that the accused “acted with manifest partiality, evident bad faith, or gross inexcusable negligence” necessary to indict them of the charges.
An automatic five-year renewal of permits is warranted for as long as the company pays its annual occupancy fees, which DMCIMC had done so from 2012 to 2014, the Ombudsman noted. Other mining corporations also received automatic permit renewals which shows that the PPA did not favor DMCIMC over others.
It also added that Santos did not fail to ensure the permit renewal was proper given that DMCIMC followed regulations. Santos also gave evidence that he replied to the letter of complaints regarding this issue.
“All these factors, taken together, negate any suspicion that respondents acted out of clear, notorious, or plain inclination or predilection to favor one side or person rather than another,” the decision stated.
This reverses the initial rulings, including the decision of Santos’ dismissal from service.
The Ombudsman maintained that it has the power to conduct a reinvestigation of a case as well as to revoke, repeal and overturn an earlier ruling from its predecessor.
