Herbert Bautista acquitted over P25 million graft charges
· The Sandiganbayan's Third Division cleared former QC Mayor Herbert Bautista of graft due to the prosecution's failure to prove guilt beyond reasonable doubt
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· Herbert was visibly crying during the promulgation of the decision, which immediately lifted his hold departure order
· The court accepted Herbert's defense under the Arias Doctrine, citing his reliance on subordinates for proper documentation
· Meanwhile, former City Administrator Aldrin Cuña was found guilty, sentenced to prison, and perpetually disqualified for negligence in accepting the flawed project
The high-stakes legal battle surrounding Quezon City’s controversial P25-million solar power project reached an emotionally charged conclusion Friday, as the Sandiganbayan Third Division handed down a complex and contrasting verdict.
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Former Quezon City Mayor Herbert Bautista, known for his long tenure as a public servant and previous career as a celebrity, walked out of the anti-graft court a free man on this particular charge, visibly overcome with emotion.
Herbert, who was present for the promulgation, could not contain his tears upon hearing the decision.
After years of facing the shadow of this graft accusation, the verdict delivered by the court—penned by Associate Justice Ronald Moreno—declared him not guilty due to the prosecution's "failure... to prove his guilt beyond reasonable doubt."
The court subsequently ordered the lifting of the hold departure order issued against the former chief executive.
Herbert chose not to address the throngs of reporters outside the courtroom, allowing his silent, tearful reaction to speak volumes about the pressure of the legal ordeal he had just navigated.
The graft case, centered on the anomalous payment of approximately P25 million to Cygnet Energy Power Asia Inc. in 2019 for the installation of a solar power system and waterproofing works at a city-owned building, hinged on the approval process.
Prosecutors argued that the payment was prematurely released even though the contractor failed to secure the necessary Net Metering System from Meralco.
In its detailed 88-page decision, the anti-graft court effectively upheld Bautista's defense, invoking the established Arias Doctrine.
This principle acknowledges that heads of offices must, to a reasonable extent, rely on the diligence and good faith of their subordinates in processing documentation.
The court reasoned that since Herbert merely signed the final disbursement voucher after it had passed through multiple layers of subordinate review and compliance certification, he had no reason to suspect foul play or spot the missing technical requirement (the net-metering permit) which was not clearly discernible on the face of the document.
The court found that demanding the Mayor to identify such a technical deficiency on every document would be an "unreasonable expectation."
However, the legal scales balanced harshly against Herbert’s co-accused, former City Administrator Aldrin Cuña.
The same division found Cuña guilty of violating Section 3(e) of the Anti-Graft and Corrupt Practices Act.
He was sentenced to an indeterminate penalty of six years and one month, as minimum, to eight years, as maximum, of imprisonment.
Furthermore, the court imposed the severe penalty of perpetual disqualification from holding any public office, resulting in the forfeiture of his retirement benefits.
The court drew a clear line between the two officials. Unlike Bautista, Cuña was determined to have had the “initial and final opportunity” to accept the project on behalf of the city.
His negligence in signing the certificate of acceptance and initialing the disbursement voucher—despite the apparent lack of the crucial net metering permit—was deemed the proximate cause that allowed the irregular payment to the contractor.
This verdict concludes only one chapter in the legal saga of the two officials. It is notable that Bautista and Cuña remain previously convicted by a different division of the Sandiganbayan for graft in a separate P32-million process automation system deal for the Quezon City Hall, highlighting the complexity and continuous challenges of accountability in public service.
Herbert Bautista, affectionately known by his screen nickname "Bistek," is a well-known Filipino public figure whose career spans both the glitz of show business and the gravitas of national politics. His public life began early, starting his journey as an actor and comedian at the age of ten, later becoming a recognizable fixture in local entertainment. One of his earliest and most notable credits was as a core member of the long-running, decades-spanning children's sketch comedy program, Kaluskos Musmos.
In related news more than a year ago, Ruffa Gutierrez confirmed she’s in a relationship with Herbert. Following her confirmation, Ruffa stated in an interview that the long, overarching story of her life has always featured her mother's highly public comments on her romantic partners. The actress humorously suggested that at her age, she believes her mother, Annabelle Rama, has perhaps finally conceded that Ruffa is "old enough" to handle her own love life. Midway through the discussion with Karen Davila, Ruffa offered a key insight into how her famously outspoken mother currently views Herbert. Ruffa openly talked about the significant influence her mother’s opinions have historically had on her choices in relationships.
It can be recalled that Ruffa put an end to prolonged speculation by officially confirming then that she is in a committed relationship with former Quezon City Mayor Herbert Bautista. During her interview with Karen Davila, the actress firmly stressed that she refuses to enter any relationship that she does not take seriously. When directly asked if her relationship with Herbert was serious, Ruffa's response was playfully flustered yet resolute, stating simply, "It's always serious." Ruffa's children, Lorin and Venice, have reportedly given their seal of approval, admitting that they are fond of Herbert as their mother's partner.
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Source: KAMI.com.gh
