The Sandiganbayan dismissed the graft charges filed against former Philippine Sports Commission chairman Harry Angping who allegedly connived with Philcare Manpower Services president Edmund Montanes for the hiring of 71 janitors and nine gardeners without having secured the “necessary requirements.”
In a 46-page decision dated Dec. 3, the anti-graft court’s Sixth Division also ordered the lifting of the hold departure order issued against Angping, and the release of his bail bond.
Then-Philcare Manpower Services general manager Edmundo Montanes was also cleared of graft.
Ombudsman prosecutors said Angping allegedly gave undue advantage to Philcare when he signed an addendum to the contract of service of the firm without public bidding.
The prosecution said the government was deprived of the opportunity to be provided the most beneficial contract when the PSC paid the 80 personnel P15,324.42 per month from March 2009 to January 2011.
The Sandiganbayan confirmed the lack of a public bidding for the contract. But it said Angping had the authority of the PSC Board to sign an addendum with Philcare.
“The payment made by the PSC to Philcare for services actually rendered cannot be considered undue injury within the context of the law. The prosecution failed to specify, quantify and prove to the point of moral certainty the supposed undue injury,” the Sandiganbayan said.
“The totality of evidence presented failed to establish beyond reasonable doubt that accused Angping acted with evident bad faith, manifest partiality or gross inexcusable negligence when he procured the additional janitorial personnel from Philcare through the addendum without a public bidding, the Sandiganbayan said.
Associate Justice Kevin Narce Vivero penned the decision, and Associate Justices Karl Miranda and Sarah Jane Fernandez concurred.
