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Ex-Palawan gov unfazed by graft conviction
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Ex-Palawan gov unfazed by graft conviction

PUERTO PRINCESA CITY—Despite being convicted by the Sandiganbayan for 11 counts of graft in connection with the misuse of P1.53 billion worth of Malampaya funds, former Palawan Gov. Joel Reyes remains in high spirits, according to a close ally and confidant.

Rolando Bonoan Jr., who served as provincial information officer during Reyes’ tenure as governor, said Reyes—currently under hospital arrest for a separate case—was able to attend the online proceedings when the antigraft court handed down its decision on Tuesday.

“He (Reyes) said, ‘At least we have more acquittals, although there are 11 convictions.’ He remains okay but really has to stay in the hospital because he is a bit weaker. He can still talk clearly and can stand on his own but walks slower,” Bonoan told the Inquirer in an interview on Wednesday night.

39 infra projects

The Sandiganbayan found Reyes guilty on 11 counts but acquitted him on 25 other charges due to lack of evidence.

He was sentenced to imprisonment of six years and one month to a maximum of 10 years for each count, or a total of between 66 and 110 years of jail time. He was also perpetually disqualified from holding public office.

Also convicted with identical penalties as Reyes was former Provincial Planning and Development Office head Samuel Madamba. Other officials, including engineers and staff from the Provincial Engineering Office, were convicted but they were sentenced to imprisonment of between four and eight years for each count, with a corresponding P5,000 fine for each count.

The decision, covering 159 criminal charges, answered allegations of graft and falsification of public documents related to at least 39 infrastructure projects in Palawan funded by the province’s share of the multibillion-peso Malampaya natural gas revenues.

These projects were allegedly riddled with irregularities, including falsified completion reports and procurement violations.

‘Manifest partiality’

Reyes and others were originally charged in 2017 over anomalies in 209 contracts amounting to P1.53 billion from Malampaya gas royalties.

The gas field royalties were allegedly used for various infrastructure projects, including school buildings, the San Vicente Airport Development Project, roadworks, a solar home system, and a day care center.

These royalties were secured through Executive Order No. 683 in 2007, which temporarily granted the province half of its disputed 40-percent share of the gas field’s proceeds.

According to the antigraft court, it found “manifest partiality” on the part of Reyes, who, as head of the procuring entity (HoPE), improperly assessed bid proposals—resulting in the awarding of multiple or overlapping contracts to a single contractor using the same set of key personnel.

The court said Reyes approved multiple contracts for a single contractor despite scheduling conflicts, showing a clear bias—punishable under the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019) as “manifest partiality.”

“Although it’s not the end of everything yet because there are still legal remedies. In fact, the lawyers are now preparing documents to file a motion for reconsideration,” Bonoan added.

Bonoan, a former provincial board member who was also among those charged in the case, said he was relieved to have been acquitted along with other members of the Bids and Awards Committee (BAC), but added that he could not fully celebrate.

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“We are not really happy at all considering that some of our coworkers in the provincial government were convicted,” he said.

“And what’s worse is it took almost 12 years before the case was resolved. It felt like something hanging above your head, but I guess that’s part of the hazards of the profession,” he lamented, citing the time when the initial charges were filed.

Bonoan also noted that several of the accused did not live to see the case concluded, including former provincial administrator Roger Serratubias, former provincial general services office chief Ferdinand Dilig, and former provincial engineer Charlie Factor.

Other BAC members who were charged but acquitted include former provincial legal officer Ma. Elena Rodriguez, former provincial accountant Orlando Colobong, and former provincial budget officer Jojo Marcaida.

The discovery of the alleged fund misuse was linked to the January 2011 murder of environmentalist and broadcaster Gerry Ortega, a known critic of Reyes. Ortega was shot in Puerto Princesa; the gunman later confessed and implicated Rodolfo Edrad Jr., Reyes’ former bodyguard, who turned state witness and named Reyes as the mastermind.

Reyes fled the country in 2012 with his brother, former Coron Mayor Mario Reyes Jr., and was arrested in Thailand in 2015. He was released in 2018 after the Court of Appeals initially ruled in his favor, but the decision was reversed in 2019.

In March 2023, the Supreme Court ordered his rearrest. Reyes went into hiding but surrendered to the National Bureau of Investigation in September 2024 while undergoing hospital treatment. He remains under hospital arrest as the Department of Justice has moved to revive the Ortega murder case.

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