CEBU, PHILIPPINES — Former Cebu City mayor Michael Rama has been cleared of graft charges after the Sandiganbayan dismissed the cases against him, ruling that the prosecution failed to sufficiently allege the elements of an offense under the Anti-Graft and Corrupt Practices Act.
In a resolution dated July 16, the Sandiganbayan Seventh Division quashed the amended Informations filed by the prosecution, finding that they failed to allege the ultimate facts constituting a violation of Section 3(e) of Republic Act No. 3019.
The court stressed that awarding contracts to private contractors is not unlawful by itself and that the prosecution’s reliance on alleged violations of procurement rules did not establish criminal liability for graft.
It also denied the prosecution’s motion for reconsideration and ordered the lifting of all hold departure orders issued against the accused.
Rama, who had earlier entered a conditional plea of not guilty, described the dismissal as an unexpected blessing, although he said he had been confident of a favorable outcome.
“Sometimes surprises come any day and at any time…While attending the fiesta mass at Our Lady of Mt. Carmel with my wife and son, my wife showed me a message with good news from our lawyers. We received notice today that both my case and my colleague’s case have been dismissed,” Rama said in a post.
The charges stemmed from the award of garbage hauling contracts worth nearly P45 million to three private firms in December 2021.
Prosecutors accused Rama and members of the Bids and Awards Committee of giving unwarranted preference to the companies, allegedly causing undue injury to the government.
However, the Sandiganbayan found the amended Informations legally defective, noting that they merely cited alleged procurement violations without narrating the specific acts that would constitute graft.
The court emphasized that violations of procurement procedures alone do not automatically amount to a violation of the Anti-Graft and Corrupt Practices Act. It also noted that the Informations failed to implicate representatives of the private firms that supposedly benefited from the contracts.
Earlier, co-accused Leizl Calamba, Lyndon Basan, Conrado Ordesta III, Janeses Ponce, and Dominic Diño had already secured the dismissal of their cases in June after the court similarly ruled that the amended Informations lacked the necessary recital of ultimate facts. Rama’s acquittal effectively clears all six public officials named in the cases.
As a consequence of the dismissal, the Sandiganbayan ordered the release of the bail bonds posted by the accused and lifted the hold departure orders previously issued against them.
Rama, who had earlier been allowed to travel abroad under court-imposed conditions, may now leave the country without restriction.
Meanwhile, Cebu City Councilor Mikel Rama, the former mayor’s eldest son and a lawyer, expressed the family’s gratitude in a statement written in Cebuano.
“Mga kaigsuonan kong Sugbuanon, mapasalamaton kami karon alang sa akong amahan nga si kanhi Mayor Michael L. Rama. Pormal na’ng gibasura sa Sandiganbayan ang mga kaso batok kaniya sa Crim. Cases Nos. SB-25-CRM-0033 to 0035,” the younger Rama said.
He also confirmed that the court had ordered the release of his father’s bail and the complete lifting of the hold departure order, describing the ruling as a source of relief after years of uncertainty.
Mikel said the family had endured difficult trials and, at times, felt that the legal process had been used to malign and oppress them. Despite this, he said they remained humble and committed to following the legal process because of their faith in the rule of law.
Reflecting on the outcome, the councilor acknowledged that the pursuit of justice had been long and difficult, but said he believed truth and fairness would ultimately prevail.
“Ang kamatuoran ug hustisya kanunay gayud mopatigbabaw. Daghang salamat kaninyo nga mga nagpabilin nga mi suporta ug nag halad sa inyong mga pag-ampo,” Councilor Rama added.
| Written by Caecent No-ot Magsumbol/FPL
