Former Lazi, Siquijor mayor Orville Fua and four other public officers, along with a private individual, have been ordered to serve up to 10 years in prison after the Supreme Court (SC) affirmed their graft conviction over irregularities in the municipality’s P4.9 million fertilizer procurement.
The SC Second Division, in a decision written by Associate Justice Amy Lazaro-Javier, upheld the Sandiganbayan’s ruling finding Fua, Rose Marie Tomogsoc, Natalio Bongcawel Jumawan Jr., Sue Agnes Castillon and private individual Merlyn Estallo Lu guilty of violating Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act.
The Court found that the officials unjustly favored Mangopina Trading Inc., which was represented by Lu, despite the supplier and other bidders failing to meet required procurement rules.
The case stemmed from Lazi’s Fertilizer Program in 2004, when Fua signed a purchase request for fertilizers and other farm inputs.
The municipality later entered into a memorandum of agreement with the Department of Agriculture (DA) for the transfer of P8 million to implement the program.
Mangopina was eventually awarded the contract after the municipality received bids from three suppliers.
The Office of the Ombudsman, however, found no records showing that Lazi had invited other bidders or suppliers from nearby areas. It also found no proof that the project had been published or advertised in a newspaper of general circulation.
The Commission on Audit likewise identified procurement deficiencies, including the absence of a Special Allotment Release Order supporting the Fertilizer Program and proof that a pre bid conference had been held.
The SC said Fua and Tomogsoc had approved the purchase request and certified the availability of funds even before Lazi and the DA signed their agreement.
The Court noted that the actions had no basis at the time because the agreement was executed only later, while the funds were released months afterward.
The SC also found that Mangopina and the other bidders failed to submit documents needed to establish their qualifications, contrary to Republic Act No. 9184, or the Government Procurement Reform Act.
Further procurement requirements were also not followed, according to the Court.
The high tribunal noted that the Bids and Awards Committee’s evaluation and recommendation, the approval of the transaction and the issuance of the purchase order all took place on the same day.
It also ruled that Mangopina was not qualified to supply the fertilizers because it had not paid the fees required to renew its mayor’s permit. Its manufacturer distributor license had also expired.
These circumstances, the SC said, established the elements of graft under Section 3(e) of RA 3019 because the accused public officers had unjustly favored Mangopina and provided another person with an unfair advantage or benefit.
Fua and the other accused were sentenced to up to 10 years in prison and perpetually disqualified from holding public office.
Photoo courtesy of Supreme Court PH
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