CEBU CITY – The Supreme Court (SC) has cleared former Tourism Secretary Ace Durano of graft charges stemming from a P2.7-million calendar project that allegedly failed to undergo public bidding.
The Second Division of the High Court granted the appeal of Durano, reversing the previous decision of the Sandiganbayan convicting him and five other six to 10 years imprisonment.
Aside from Durano, the SC also cleared Oscar Policarpio Palabyab, Grace Reyes Yoro, Eduardo Alvarez Jarque Jr., Adriana Mesa Flor, and Evelyn Respicio Cajigal.
In a 25-page ruling, the High Court said the prosecution failed to prove the respondents are “guilty beyond reasonable doubt.”
Although the respondents violated certain procurement laws, the SC ruled that the prosecution failed to present proof that Durano and the rest gave ‘unwarranted benefits, advantage, or preference through manifest partiality and/or gross inexcusable negligence.”
“Again, other than the mere violation of procurement laws, the prosecution did not present proof beyond reasonable doubt that Durano et al. gave unwarranted benefits, advantage, or preference through manifest partiality and/or gross inexcusable negligence. There was likewise no allegation or proof that the subject procurement was overpriced. Lastly, there was no allegation or proof that Durano et al. personally benefited from the project,” the SC said.
“All told, there is no proof beyond reasonable doubt of the facts and circumstances evincing corrupt intent on the part of Durano et al. Thus, this Court is constrained to rule that the elements of the crime charged were not proven beyond reasonable doubt,” the High Court added.
Durano welcomed the SC decision. He said he was surprised by the Sandiganbayan ruling since two of the three cases filed against them had been dismissed.
“I had faith in the SC to see through the baseless accusation,” he said in a statement.
The SC decision was handed down on January 2. Copies of the resolution were released to the media on Wednesday, May 15.
Durano ran but lost for governor in 2022. It was the height of the campaign period when the Sandiganbayan affirmed its earlier decision convicting Durano and five others.
The Office of the Ombudsman filed a graft case against Durano on March 22, 2019, for allegedly conniving with officials of the DOT Bids and Awards Vommittee in giving PDP Digital Inc. unwarranted benefits for “conceptualization and development” of the calendar “without competitive bidding.”
Durano stressed that the project had gone through the proper process and was a response to the needs of the industry during that time.