Ex-Isabela mayor convicted of 36 graft charges
Published Dec 27, 2019 12:00 am
By Czarina Nicole Ong KiÂ
Former Gamu mayor Fernando Ocampo Cumigad of Isabela has been convicted by the Sandiganbayan Fifth Division of 36 graft charges involving the anomalous purchase of gasoline and petroleum products from 2012 to 2013.
Sandiganbayan (MANILA BULLETIN)
He was sentenced to suffer the indeterminate penalty of imprisonment of six years and one month to eight years as maximum for each of the graft charges, with perpetual disqualification from holding public office.
Cumigad was found guilty beyond reasonable doubt of 18 violations of Section 3(e) and another 18 violations of Section 3(h) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act for giving undue benefits to FOC Petron Filling Station, which is owned and operated by his wife, Marilou Cumigad.
There is no dispute that FOC Petron entered into a business transaction with the municipality of Gamu while Cumigad was the incumbent mayor, the court said.
In this case, the anti-graft court ruled that the prosecution had sufficiently established the interest of Cumigad in the transactions. The prosecution submitted the records bearing Marilou Cumigad's name as the owner of FOC Petron, as well as two Mayor's Permits issued in 2012 and 2013.
In his defense, Cumigad said that he had no control or interest over FOC Petron, since it was established solely by his wife using money given to her by her parents. However, the court said "the records are bereft of evidence that FOC Petron was indeed exclusive of Marilou."
What's worse, there was no public bidding conducted for the procurement of gasoline and petroleum products for the municipality. The accused resorted to direct contracting even though there was no need for it, and the bids and awards committee (BAC) did not even give its recommendation to do so.
In response to this, Cumigad argued that direct contracting of gasoline has been the practice of the municipality, and he simply followed it. He added that he even consulted about this with their internal auditor.
But since there was not any proof submitted to support Cumigad's claims, the court said it "remains unsubstantiated" and "therefore does not deserve merit."
The 39-page decision was written by Associate Justice Zaldy Trespeses and Chairperson Ma. Theresa Dolores Gomez-Estoesta and Associate Justice Georgina Hidalgo.
Sandiganbayan (MANILA BULLETIN)
He was sentenced to suffer the indeterminate penalty of imprisonment of six years and one month to eight years as maximum for each of the graft charges, with perpetual disqualification from holding public office.
Cumigad was found guilty beyond reasonable doubt of 18 violations of Section 3(e) and another 18 violations of Section 3(h) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act for giving undue benefits to FOC Petron Filling Station, which is owned and operated by his wife, Marilou Cumigad.
There is no dispute that FOC Petron entered into a business transaction with the municipality of Gamu while Cumigad was the incumbent mayor, the court said.
In this case, the anti-graft court ruled that the prosecution had sufficiently established the interest of Cumigad in the transactions. The prosecution submitted the records bearing Marilou Cumigad's name as the owner of FOC Petron, as well as two Mayor's Permits issued in 2012 and 2013.
In his defense, Cumigad said that he had no control or interest over FOC Petron, since it was established solely by his wife using money given to her by her parents. However, the court said "the records are bereft of evidence that FOC Petron was indeed exclusive of Marilou."
What's worse, there was no public bidding conducted for the procurement of gasoline and petroleum products for the municipality. The accused resorted to direct contracting even though there was no need for it, and the bids and awards committee (BAC) did not even give its recommendation to do so.
In response to this, Cumigad argued that direct contracting of gasoline has been the practice of the municipality, and he simply followed it. He added that he even consulted about this with their internal auditor.
But since there was not any proof submitted to support Cumigad's claims, the court said it "remains unsubstantiated" and "therefore does not deserve merit."
The 39-page decision was written by Associate Justice Zaldy Trespeses and Chairperson Ma. Theresa Dolores Gomez-Estoesta and Associate Justice Georgina Hidalgo.