Sandiganbayan refuses to quash graft charge of Siquijor official

Published December 5, 2019, 5:05 PM

by AJ Siytangco

By Czarina Nicole Ong Ki

The Sandiganbayan Third Division has denied the motion to quash filed by former Lazi Municipal Planning and Development Coordinator Teodoro Jumadla Jr. of Siquijor seeking to dismiss his graft charge in relation to the reportedly irregular purchase of fertilizers worth P4.99 million for the municipality in 2004.

Sandiganbayan (MANILA BULLETIN)
Sandiganbayan (MANILA BULLETIN)

Jumadla is one of six local officials accused alongside former Lazi Mayor Orville Fua for violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act.

In his motion filed on August 22, Jumadla argued that the facts charged do not constitute an offense since the second and third elements of graft are not present. He said there is no manifest partiality or evident bad faith on his part when the fertilizers were purchased, and there was no undue injury caused to the government since the transaction had already taken place when he signed the inspection and acceptance report.

Jumadla added that the case against him is “dismissible now” because he anticipates it will take long. At 72 years of age, he pointed out that he is not in perfect health and he is also based in Siquijor.

However, the anti-graft court found his motion bereft of merit. “The Court finds that the information in this case contains the above-enumerated required factual averments which, if hypothetically admitted, would establish the aforesaid elements of the said offense,” the resolution read.

The court likewise added that Jumadla’s arguments are evidentiary in nature, and it is best ventilated in a full-blown trial. “It is jurisprudentially settled that facts which constitute the defense of the accused against the charge under the information must be proved by them during trial,” the court said.

The 10-page resolution was written by Presiding Justice Amparo Cabotaje-Tang with the concurrence of Associate Justices Bernelito Fernandez and Ronald Moreno.

Jumadla and Fua are facing the graft charge together with then-Municipal Accountant Ana Marie Leilani Monte, Municipal Treasurer and bids and awards committee (BAC) member Rose Marie Tomogsoc, BAC Chairman Ivan Marchan, Municipal Engineer Natalio Jumawan Jr., and Private Secretary Sue Agnes Castillon. Private individuals from Magnolia Trading Co. Inc. -representatives Yolanda Milne and Merlyn Lu – were also charged.

On May 7, 2004, the accused local officials reportedly conspired with Milne and Lu when they purchased 2,096 bottles of MRG Liquid Fertilizers priced at P1,550 per bottle and 1,258 bags of Del Gro Super Foliar Fertilizers, also priced at P1,550 per bag. The total purchase amounted to P4,990,75.

However, Graft Investigation and Prosecution Officer III Alteza A. Anoso wrote in the charge sheet that the transaction was attended by several violations of Republic Act 9184 or the Government Procurement Reform Act and its Implementing Rules and Regulations.

The accused prematurely issued the purchase request, made reference to brand names, and failed to secure a performance security bond. There was also lack of proof of the project’s implementation.

 

 
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Sandiganbayan refuses to quash graft charge of Siquijor official

Published December 5, 2019, 12:00 AM

by manilabulletin_admin

By Czarina Nicole Ong Ki

The Sandiganbayan Third Division has denied the motion to quash filed by former Lazi Municipal Planning and Development Coordinator Teodoro Jumadla Jr. of Siquijor seeking to dismiss his graft charge in relation to the reportedly irregular purchase of fertilizers worth P4.99 million for the municipality in 2004.

Sandiganbayan (MANILA BULLETIN)
Sandiganbayan (MANILA BULLETIN)

Jumadla is one of six local officials accused alongside former Lazi Mayor Orville Fua for violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act.

In his motion filed on August 22, Jumadla argued that the facts charged do not constitute an offense since the second and third elements of graft are not present. He said there is no manifest partiality or evident bad faith on his part when the fertilizers were purchased, and there was no undue injury caused to the government since the transaction had already taken place when he signed the inspection and acceptance report.

Jumadla added that the case against him is “dismissible now” because he anticipates it will take long. At 72 years of age, he pointed out that he is not in perfect health and he is also based in Siquijor.

However, the anti-graft court found his motion bereft of merit. “The Court finds that the information in this case contains the above-enumerated required factual averments which, if hypothetically admitted, would establish the aforesaid elements of the said offense,” the resolution read.

The court likewise added that Jumadla’s arguments are evidentiary in nature, and it is best ventilated in a full-blown trial. “It is jurisprudentially settled that facts which constitute the defense of the accused against the charge under the information must be proved by them during trial,” the court said.

The 10-page resolution was written by Presiding Justice Amparo Cabotaje-Tang with the concurrence of Associate Justices Bernelito Fernandez and Ronald Moreno.

Jumadla and Fua are facing the graft charge together with then-Municipal Accountant Ana Marie Leilani Monte, Municipal Treasurer and bids and awards committee (BAC) member Rose Marie Tomogsoc, BAC Chairman Ivan Marchan, Municipal Engineer Natalio Jumawan Jr., and Private Secretary Sue Agnes Castillon. Private individuals from Magnolia Trading Co. Inc. -representatives Yolanda Milne and Merlyn Lu – were also charged.

On May 7, 2004, the accused local officials reportedly conspired with Milne and Lu when they purchased 2,096 bottles of MRG Liquid Fertilizers priced at P1,550 per bottle and 1,258 bags of Del Gro Super Foliar Fertilizers, also priced at P1,550 per bag. The total purchase amounted to P4,990,75.

However, Graft Investigation and Prosecution Officer III Alteza A. Anoso wrote in the charge sheet that the transaction was attended by several violations of Republic Act 9184 or the Government Procurement Reform Act and its Implementing Rules and Regulations.

The accused prematurely issued the purchase request, made reference to brand names, and failed to secure a performance security bond. There was also lack of proof of the project’s implementation.

 

 
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