QUEZON CITY – The Sandiganbayan Third Division has cleared former Zamboanga del Sur Governor Aurora Cerilles of graft over the purchase of medical equipment in 2007.

Cerilles was criminally charged for her actions in the purchase of one unit of Siemens Somatom Spirit CT Scan machine for the Zamboanga del Sur Provincial Hospital.

The former governor was accused 'to have willfully, unlawfully and criminally give unwarranted benefits and advantage' to the supplier United Medical Systems Corporation.

In a decision promulgated on August 30 but released Wednesday, the anti-graft court acquitted Cerilles for the prosecution's failure to prove all the elements of graft were present in her actions.

When the machine was purchased, it was done through direct contracting instead of public bidding, a requirement in Republic Act No. 9184 or the Government Procurement Reform Act.

The anti-graft court said there is no question the procurement went on without public bidding. But it said violating the Procurement Act does not automatically equate to graft.

"The Supreme Court ruled that even if the irregularities in the bidding were true and proved beyond reasonable doubt, the same does not automatically result in finding the act of the accused as culpable under R. A. No. 3019," the decision read.

"The absence of a public bidding may mean that the government was not able to secure the lowest bargain in its favor and may open the door to graft and corruption. However, this does not satisfy the third element of the offense charged, because the law requires that the disadvantage must be manifest and gross. With the foregoing guidelines, this Court finds no criminal liability on the part of accused Cerilles as regards the procurement of the subject CT Scan machine without public bidding," it said.

The prosecution also questioned why Cerilles allegedly allowed installment payment for the procurement despite the release of a Philippine Charity Sweepstakes Office (PCSO) grant worth P27 million.

However, Sandiganbayan said criminal liability does not rely simply on her signatures.

"The prosecution was unable to prove that the stamp signatures of accused Cerilles on the subject checks were indeed her authentic signatures. It likewise failed to present proof of any active and direct participation of accused Cerilles to unduly influence the payment of the subject CT Scan machine in installments or in favor UMSC," the anti-graft court said.

The Third Division said the third element of graft (action causing undue injury to any party, including government or gave any private party unwarranted benefits) was not present in the case of Cerilles.

"The prosecution insists that the absence of a public bidding, as well as an alleged overpayment amounting to more or less P2,524,642.86, as stated in the Information, was evidence enough to prove that undue injury was caused to the government. However, the prosecution failed to prove this," it further said.

"The subject CT Scan machine in question was successfully delivered to the Provincial Hospital of Zamboanga del Sur and was continuously utilized by its patients without any further notice of disallowance or any other notice from the COA citing irregularity. In fact, no document or any positive finding was presented to show that the procurement of the subject CT Scan machine was disallowed," the anti-graft court noted.

The amount paid to UMSC was also put into question, since the LGU supposedly overpaid P29.5 milion when the offer and purchase price was only P27 million.

Cerilles reiterated that they only paid P25,524,642.86 to UMSC, which is lesser than the original amount. This was also reflected in the documents showing the actual payments made by the Provincial Government of Zamboanga del Sur.

The anti-graft court said the prosecution failed to prove Cerilles had any form of relationship or close ties with UMSC that would show she favored them. No evidence was also presented to show any corrupt intent or unethical interest of Cerilles.

The Third Division ordered the release of the bail bond earlier posted by Cerilles. It also called for the recall of the Hold Departure Order issued against her.