The Sandiganbayan’s First Division has dismissed one of the two graft complaints filed against Commission on Higher Education (CHEd) Executive Director IV Julito Vitriolo for allegedly allowing the Pamantasan ng Lungsod ng Maynila (PLM) to issue transcripts of record to graduates of a suspended program in 2010.
In a resolution promulgated on October 6, the court partially granted a motion filed by Vitriolo who sought the dismissal of the cases.
It dismissed the case where the former official was accused of violating Section 3(a) of Republic Act 3019 (Anti-Graft and Corrupt Practices Act).
“In this case, there is no proof of any consideration in the use of the influence. It is not alleged in the Information. There is no testimonial or documentary evidence to indicate or even conclude that accused Vitriolo received any renumeration or consideration. There is no showing that his act of allegedly persuading, inducing and/or influencing the PLM and its officials was for or in view of a consideration,” the court said.
Under Section 3(a) of the anti-graft law, public officers are prohibited from persuading, inducing or influencing another public officer to perform an act constituting a violation of rules an regulations duly promulgated by competent authority.
Vitriolo asked the court to re-examine its finding of probable cause but his appeal was junked for lack of merit.
“The absence or existence of evidence proving the truth of the allegations in the Information are matters evidentiary in nature that must be threshed out in a full-blown trial. They are not proper grounds for a motion to quash and matters of defense cannot be proven during the hearing of the motion to quash,” the court SAID.