Sandigan justice opposes Herbert’s graft acquittal

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December 15, 2025 | 12:00am

MANILA, Philippines — The Sandiganbayan Third Division did not unanimously acquit former Quezon City mayor Herbert Bautista of graft over a P25-million solar power project.

In his dissenting opinion, Sandiganbayan Justice Karl Miranda said Bautista and former city administrator Aldrin Cuña should have been convicted for approving the release of payment to Cygnet Energy and Power Asia Inc.

The private firm had failed to secure a net-metering permit from the Manila Electric Co. after installing a solar power system and waterproofing the Quezon City civic center building.

“This case could have served as a cautionary tale for elected public officials who, toward the end of their term, rushed to raid the public treasury under the pretext of regularity,” Miranda argued.

Aside from signing the contract two weeks before the end of their term, Bautista and Cuña approved the full payment and signed the check two days before it ended, the justice noted.

Miranda said the anti-graft court could have taken the case as an opportunity to set in stone that “midnight contracts,” or deals entered into and fully paid for at the end of public officials’ term, “required a heightened degree of diligence.”

In its decision, the Third Division cited the Arias doctrine, referring to a Supreme Court ruling wherein heads of offices have to “rely to a reasonable extent on their subordinates and on the good faith of those who prepare bids, purchase supplies or enter into negotiations.”

Bautista could not be faulted for signing the disbursement voucher despite the non-completion of the net-metering permit since this requirement was not included in the supply and delivery agreement, the Third Division said.

Miranda, however, pointed out that Bautista cannot take refuge behind the doctrine since he was the end-user of the project and legally bound by its terms and conditions. 

Bautista “recklessly and precipitously approved the full payment” despite “glaring irregularities” in the voucher, including the “uncharacteristically swift pace” of the deliveries, Miranda noted.

He also dissented on the non-imposition of civil liability on Cuña on the ground that the payment was received by Cygnet, which was not included in the case.

Cuña is liable with Cygnet for P12.67 million, representing half of the payment, Miranda said.