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KWEBA ni BAROK

Herbert Bautista’s Twilight Treasury Raid: Acquitted in the Sandiganbayan’s Midnight Farce

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Louis ‘Barok’ Biraogo

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Herbert Bautista’s Twilight Treasury Raid: Acquitted in the Sandiganbayan’s Midnight Farce
Bistek’s Eclipse Escape: Raiding the Vault and Evading the Graft Gavel

By Louis ‘Barok‘ C Biraogo — December 16, 2025

Ah, mga ka-kweba, gather ’round the flickering screenlight of Philippine justice, where the powerful bask in the glow of acquittals while the rest of us squint in the dark. Today, we’re dissecting the Sandiganbayan Third Division’s masterpiece of legal contortionism: the acquittal of former Quezon City Mayor Herbert “Bistek” Bautista in that ₱25-million solar power graft fiasco (Inquire, 12 Dec. 2025). Not content with merely reporting this farce, we’ll eviscerate it like a piñata at a corrupt official’s retirement party. Because why settle for sunlight when you can have a solar system that’s as functional as a politician’s promise? Enter the ring, folks: it’s time to mock the majority and hail the heroic dissent of Justice Karl Miranda, who dared to suggest that accountability isn’t optional.

Justice eclipsed at high noon—brought to you by Midnight Sun Inc., now in Glaring Impunity™!

1. The “Arias Doctrine” Dodge Ball: Hiding Behind Subordinates Like a Game of Legal Whack-a-Mole

Let’s start with the star of this judicial circus: the Arias Doctrine, that venerable shield from the Supreme Court’s 1989 ruling in Arias v. Sandiganbayan (G.R. No. 81563), which lets heads of offices “rely to a reasonable extent on their subordinates and on the good faith of those who prepare bids.” The majority wielded it like a get-out-of-jail-free card, declaring that Bautista couldn’t be faulted for signing off on the disbursement voucher despite the glaring absence of a net-metering permit. After all, it wasn’t in the contract, so why bother? Congratulations, Mayor Bautista—your faith in your underlings is not just blind; it’s financially rewarding.

But oh, Justice Miranda, you radical firebrand, you pointed out the obvious: Bautista was the “end-user” of this project, legally bound by its terms and conditions under the very contract he signed. He can’t just duck behind Arias like a mayor hiding from traffic in EDSA. Since when did “due diligence” under Section 3(e) of RA 3019—the Anti-Graft and Corrupt Practices Act, which punishes causing undue injury through evident bad faith or gross inexcusable negligence—become “see no evil, sign the voucher”? And what exactly is this “reasonable extent”? Is it reasonable to approve a multi-million peso check two days before your term ends, as if the treasury were your personal ATM? Miranda’s dissent slices through this nonsense: no refuge for the reckless when you’re the one turning the key to the vault. It’s dodge ball, Philippine style—everyone ducks responsibility except the fall guy.

2. The “Midnight Contract” Carnival: Last-Minute Looting with a Side of Judicial Blindfolds

Step right up to the Midnight Contract Carnival, where the timeline is the main attraction! Contract signed on June 17, 2019—two weeks before Bautista’s term sputtered out on June 30—and full payment approved, check signed, on June 28. That’s not governance; that’s a fire sale on public funds. Yet the majority somehow ignored this glaring rush, as if end-of-term raids are just another bureaucratic tradition, like lumpiang shanghai at a fiesta.

Justice Miranda, bless your scathing pen, called it out for what it is: a missed “cautionary tale for elected public officials who, toward the end of their term, rushed to raid the public treasury under the pretext of regularity” (The Philippine Star, 15 Dec. 2025). Pretext? More like a full-blown pretext parade! Is there a secret “Last-Minute Fire Sale” clause in RA 3019 that we all missed, tucked away between the prohibitions on manifest partiality and gross negligence? Why, in the name of all that’s holy (or at least taxable), would a court overlook this? Miranda argued for “heightened degree of diligence” in such deals—imagine that, expecting officials to act like adults when the clock’s ticking. Instead, we get a decision written in invisible ink that only the powerful can read, turning potential graft into a harmless hurry-up offense. Step up, folks: cotton candy for the cronies, bankruptcy for the barangays.

3. The Glaring Irregularities: Swift Deliveries, Missing Permits, and a Very Expensive Roof Ornament

Now, onto the “glaring irregularities” that Miranda spotlighted, like the “uncharacteristically swift pace” of deliveries—because nothing says “above board” like warp-speed procurement at term’s end. And then there’s the minor detail of the missing net-metering permit from Meralco, without which the entire solar system is about as useful as a chocolate teapot. The majority’s logic? Since the permit wasn’t explicitly in the supply and delivery agreement, paying full freight for an incomplete project is A-OK. Bravo! Under RA 3019 Section 3(e), we’ve now established that you can cause undue injury to the government as long as the injury isn’t spelled out in fine print.

Picture this: the Quezon City Civic Center, proudly sporting a ₱25-million solar setup that’s essentially a very expensive roof decoration, gathering dust instead of watts. The government paid for a functional renewable energy marvel but got a blackout in broad daylight. Is this justice, or a masterclass in legal loophole limbo? Rhetorically speaking, since when does “installed” mean “operational”? Miranda nailed it: Bautista “recklessly and precipitously approved the full payment” despite these red flags waving like rally banners. But hey, why quibble over permits when you can quibble over semantics? It’s not graft; it’s just a permitting oversight—said no taxpayer ever.

4. The Inconsistent Outcome & Fall Guy Narrative: Convict the Minion, Spare the Mastermind

Ah, the pièce de résistance: convicting former City Administrator Aldrin Cuña of graft—six years in the slammer and perpetual disqualification from public office—while letting Bautista walk free. It’s the classic Philippine accountability dichotomy: “I was just following orders” gets you jailed, but “I was just signing papers” gets you a pat on the back. Under the same RA 3019 Section 3(e), how does one subordinate bear the brunt while the boss who approved everything escapes? Speculatively—and satirically—it’s because in this game of thrones, the king pins the blame on the pawn. Cuña’s alleged civil liability for ₱12.67 million (half the payment, jointly with Cygnet Energy) is the cherry on top: who really benefits here? The company that got paid for a dud project, or the mayor who gets to claim vindication?

Justice Miranda dissented on this too, insisting Cuña’s liability extends civilly even if the company wasn’t charged—because, shockingly, the government deserves restitution. But the majority? They let Bautista off the hook, reinforcing the narrative that power protects its own. Dear Cuña, feeling like the fall guy yet? And Bautista, how does it feel to have subordinates so “good faith” they’re willing to take the hit? This isn’t justice; it’s a scripted drama where the lead actor always gets the sequel.

5. Call to Arms & Reforms: Time to Flip the Switch on This Impunity Blackout

Enough mockery—though there’s plenty more where that came from. Justice Miranda, sir, please don’t give the rest of the bench a complex with your radical idea of “accountability.” But let’s turn this farce into fuel: a fiery call to arms against the shadows of impunity.

  • First, legislative action: Demand a law explicitly defining and prohibiting “midnight contracts” for all government transactions, not just appointments. Expand Executive Order No. 2‘s spirit to cover these end-of-term heists—because if we can ban rushed hires, why not rushed handouts? Make it crystal clear under RA 3019: no more pretext parades.
  • Second, judicial recalibration: Call on the Supreme Court to sharpen the Arias doctrine, making it inapplicable when “red flags” like term-end rush jobs are waving violently. No more dodging; if you’re the end-user signing the check, own the mess. It’s time to update that 1989 relic for 2025 realities.
  • Finally, public vigilance: Urge citizens to treat such acquittals not as vindications but as blueprints for impunity. Don’t shrug; scrutinize. File complaints, demand audits, and vote out the vampires sucking the treasury dry. Because if we let this solar blackout stand, the next one might leave us all in the dark—permanently.

There you have it, folks: the Sandiganbayan’s gift to graft enthusiasts.

Until next time, keep questioning, keep mocking, and keep the kweba alive.

–Barok

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Louis ‘Barok‘ C. Biraogo

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