The Sandiganbayan building in Quezon City, Feb. 19, 2020 Jonathan Cellona, ABS-CBN News/File  

MANILA – The Sandiganbayan Special Fifth Division has cleared former Sulu First District representative Hussin Amin and other local government and agriculture officials of three counts of graft.

This is related to the payment of P5 million from the Department of Agriculture under the Farm Inputs and Farm Implements Program (FIFIP) to an alleged supplier with 'dubious existence' from April to December 2004.

In a 44-page decision promulgated on September 13, the anti-graft court acquitted Amin and his co-accused for violation of the Anti-Graft and Corrupt Practices Act.

"The guilt of accused Amin, Burahan, Parawan, Julian and Ingui for the crime charged was not proven beyond reasonable doubt for failure of the prosecution to establish the presence of manifest partiality, evident bad faith, or gross excusable negligence on their part, and that the government sustained actual damage," the ruling read.

"Neither is the Court convinced that said accused participated in an alleged conspiracy. The paucity of the evidence against the accused leads to no other conclusion but their acquittal of the crime charged," it added.

The Special Fifth Division also cleared former Panglima Tahil, Sulu municipal mayor Nedra Burahan, Department of Agriculture Regional Field Unit IX director Oscar Parawan, accountant Ma. Perlice Socorro Julian and state auditor Abduljamar Ingui.

"The prosecution's evidence was insufficient to show that all the accused herein were animated by malicious motive or fraudulent intent, or that the alleged negligent acts or omissions met the gravity required under Section 3(e)…. The Court is not convinced that the imputed irregular acts or conduct of the accused fell within the ambit of the Anti-Graft Law," it said. 

In April 2004, the supply contract for farm inputs like fertilizers was awarded to Sunny Marketing Supplies without public bidding and despite the company not being registered with the Department of Trade and Industry.

A probe discovered that the P5 million worth of funds for the project was disbursed in three tranches of P3.25 million, P700,000 and P1.05 million.

The defendants argued that the checks were split due to limitations by the Bureau of Treasury and authority passed on from the DA central office.

The Sandiganbayan said the prosecutors did not delve into the procurement process or the selection of Sunny Marketing Supplies as the supplier. 

The Special Fifth Division pointed out that Amin's participation was limited to “being a part of the Memorandum of Agreement” and he had no hand in the implementation, procurement and distribution.

As for Parawan and Julian, the anti-graft court said the project implementation was “remote” from their actual functions. 

It said the prosecution failed to show any documentary evidence to prove the liability and evident bad faith of municipal mayor Burahan as head of the procuring entity.

Burahan cited jurisprudence that heads of offices can rely to a certain extent on the good faith of their subordinates, to which the Special Fifth Division agreed.

"No other proof was adduced by the prosecution to show that accused had actual prior knowledge of the ineligibility or questionable existence of the supplier," the court said.

"The prosecution did not even attempt to establish the specific averment in the three separate information of doing away with public bidding, thus was not supported by any evidence on record," it added.

The Special Fifth Division also pointed out the damage allegedly suffered by the government due to the transactions was only presumed.

The anti-graft court ordered the lifting of the Hold Departure Order against the accused and the release of the bail bonds posted for their provisional liberty. 

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