Court finds ex-PNU president negligent but trashes graft case over ad deal

MANILA, Philippines – The anti-graft court Sandiganbayan dismissed a graft case against former Philippine Normal University (PNU) president Ester Ogena but held her liable for negligence related to a 2011 advertorial deal with a foreign magazine without public bidding.

In a 53-page ruling on July 12, the 5th Division of the Sandiganbayan found insufficient evidence to hold Ogena accountable for graft but noted she could face administrative cases for “gross inexcusable negligence” for approving the P1.1-million ad placement contract with Foreign Policy Magazine.

Prosecutors noted that Ogena referred the matter to PNU’s bids and awards committee only after finalizing the deal with Universal News Limited, the publisher of Foreign Policy Magazine.

Ogena explained that she saw the deal as a way to reach top companies and institutions worldwide and attract foreign students to PNU.

The court said Ogena, with over 30 years of public service experience, should have been familiar with government procurement processes, but there was no convincing evidence of undue injury or unwarranted advantage to a supplier or service provider, which is essential for a graft case.

The court also noted that prosecutors neither allege that the contract was overpriced nor present any proof that Ogena profited from the deal.

“In sum, while PNU president Ogena was grossly and inexcusably negligent, her acts cannot be said to have caused undue injury to the government or to have given unwarranted benefits, advantage, or preference to Universal News within the context of the anti-graft law,” read part of the ruling signed by Associate Justices Maryann Corpus-Mañalac, Rafael Lagos, and Maria Theresa Mendoza-Arcega.

The Office of the Ombudsman filed the graft case in 2019 against Ogena and PNU officials Rebecca España, Florence Allejos, and Joseph Luceño for causing payment for the advertorial using PNU’s special trust fund without the board of regents’ approval. 

The Sandiganbayan dismissed the case against Ogena’s co-accused on February 17, 2023, noting they merely followed Ogena’s orders. – Rappler.com