SC clears ex-PRA officials in Macapagal Boulevard case

MANILA, Philippines — Former officials of the Philippine Reclamation Authority (PRA), formerly the Public Estates Authority, were acquitted by the Supreme Court (SC) of their graft conviction in 2015 for the allegedly overpriced construction of the Diosdado Macapagal Boulevard.

The SC reversed the Sandiganbayan’s decision as it was not convinced that the findings and conclusions of the trial court met the “exacting standard” of proof beyond reasonable doubt.

In a Feb. 8 decision made public on Aug. 1, the SC reversed the Sandiganbayan’s 2015 decision finding Manuel Beriña Jr., Jaime Milla, Bernardo Viray, Theron Victor Lacson, Raphael Pocholo Zorilla, Cristina Amposta Mortel, Frisco Francisco San Juan, Carmelita de Leon Chan, Daniel Dayan, Leo Padilla and Elpidio Damaso guilty of graft.

The High Court also acquitted contractor Jesusito Legaspi, whose JD Legaspi construction firm was awarded the contract for the project.

The former PRA officials were charged in 2003 after the Office of the Ombudsman found them liable for conspiring to overprice the 5.1-kilometer highway, then considered one of the world’s most expensive roads at P1.1 billion. The project was said to have been overpriced by P532 million.

The High Court noted that the construction firm was not favored in awarding the contract and that the former officials did not violate the rules on simplified public bidding.

It also found insufficient evidence to prove that the absence of a detailed engineering plan – which supposedly affected the cost of the project – constitutes a violation of the Anti-Graft and Corrupt Practices Act as the absence of “clear showing of bad faith, malice or gross negligence should not be automatically equated to a violation.”

The SC also noted that “there was no undue injury to the government or any party or any unwarranted benefit that was proven by the prosecution.”

“To the contrary, the timely completion of the project resulted into a benefit in favor of the government with the increase in value of the land surrounding the area, as well as the public who continue to reap the benefits of having alternate routes that would let them avoid traffic congestion,” the SC said.

Meanwhile, the awarding of the extended contract for Seaside Drive to JD Legaspi was not “without legal basis,” the SC said, as it noted that since it was constructed at a portion of Macapagal Boulevard to have a road that will connect it to Roxas Boulevard, it was “not alien” to the project.

Since the SC found no undue injury to any party, it also struck down the P100 million in civil liabilities against the respondents imposed by the Sandiganbayan.